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It's All In The Name

Client Alert | less than 1 min read | 10.14.09

In Wackenhut Int'l, Inc. v. Dep't of State (Sept. 22, 2009), the Civilian Board of Contract Appeals ("CBCA") ;dismissed for lack of jurisdiction when the appellant's Contract Disputes Act claim and subsequent appeal to the CBCA were brought in the name of a single joint venture partner instead of the joint venture itself. The Board found that only the joint venture had privity of contract with the government and that that was altered neither by appellant's 51% ownership stake in the joint venture nor by appellant's obtaining written authorization to pursue the claim from its joint venture partner.

Insights

Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....