Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits
Client Alert | less than 1 min read | 08.30.12
In Sys. Application & Techs., Inc. v. U.S. (Aug. 24, 2012), the Federal Circuit swept away a litany of preliminary defenses raised by DOJ in multiple cases challenging agency procurement corrective actions in the Court of Federal Claims, holding first and foremost that the CFC possesses jurisdiction over such disputes under the broad grant in 28 U.S.C. § 1491(b)(1). The Federal Circuit also held that contractors have standing to challenge proposed corrective actions, particularly when their pricing has been revealed, and that such disputes are ripe for adjudication when the agency announces the action, not after the agency has fully implemented it.
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Client Alert | 3 min read | 06.03.26
Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases
In a judgment that will have direct and immediate consequences, the Court of Justice of the European Union (CJEU) has clarified that for all competition damages actions brought after 26 December 2014, interest runs from the date on which the harm occurred. The ruling addressed two important questions: (1) whether national provisions implementing Article 3(2) of the EU Damages Directive — which requires interest to run from the date harm occurred —apply to cases in which the harm preceded the adoption of those provisions; and (2) how the date of harm should be determined in cartel cases involving the purchase of goods at inflated prices.
Client Alert | 2 min read | 06.02.26
SBA OHA Confirms That the Submission Date for a Proposal with Pricing Controls Size Determination
Client Alert | 5 min read | 06.01.26
California Court Upholds Insurer’s Duty to Defend After Covered Claim Is Dismissed
Client Alert | 2 min read | 05.29.26
California Assembly Passes AB 1776, Sending Major Antitrust Bill to the Senate
