GAO Bites Agency On Corrective Action Discussions
Client Alert | less than 1 min read | 06.02.09
In American K-9 Detection Services, Inc. (May 5, 2009), GAO held that, in implementing corrective action in response to a protest, the agency improperly limited discussions primarily to allowing the awardee to fix its otherwise unacceptable proposal and that the limitation resulted in "unequal, not meaningful, discussions" because the agency failed to provide the protester with the opportunity to become more competitive by allowing it to address its own significant weaknesses or deficiencies through meaningful discussions. GAO also distinguished its untimeliness holding in Domain Name Alliance Registry, 2008 CPD ¶ 168, finding that there the agency informed offerors that the corrective action would not include discussions, while here "the agency did not clearly announce the ground rules of the corrective action."
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Client Alert | 3 min read | 11.13.26
Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief
A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy.
Client Alert | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
