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GAO Dismisses Subcontract Protest

Client Alert | less than 1 min read | 05.19.04

Noting that its protest jurisdiction extends only to awards “by a Federal agency,” in Addison Construction, Inc., B-293805, April 20, 2004, GAO dismissed the protest because the prime contractor evaluated the proposals and made the award decision. However, GAO noted it would take jurisdiction if the agency handled all the substantive aspects of the procurement, even if the prime contractor handled the procedural aspects, such as issuing the solicitation and receiving proposals.

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Client Alert | 8 min read | 09.09.25

FTC Stops Defending Rule Banning Noncompete Agreements, Opting Instead for “Aggressive” Case-by-Case Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”...