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Lack Of Experience Can Be Cured

Client Alert | less than 1 min read | 06.02.06

In T Square Logistics Services Corp. – Costs (Apr. 26, 2006, http://www.gao.gov/decisions/bidpro/2977904.pdf), a decision triggered by the agency's refusal to pay protest costs following a corrective action, GAO held that the original protest was clearly meritorious because the agency had failed to conduct meaningful discussions to disclose its concerns about the protester's lack of experience in several functional areas relevant to the contract. Rejecting the agency's argument that no discussions were required because the lack of experience could not be cured in a revised proposal, GAO noted that protester had asserted that, had it been advised of the agency's concerns, it would have proposed subcontractors with the necessary experience.

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Client Alert | 6 min read | 06.09.26

Is Stock-a-palooza Over? Supreme Court allows SEC to Pursue Disgorgement

On June 4, 2026, the U.S. Supreme Court unanimously held that the U.S. Securities and Exchange Commission (SEC) can continue to pursue disgorgement as an equitable remedy in securities fraud cases without showing pecuniary loss by investors. The Court’s ruling in Sripetch v. SEC resolves a split between the U.S. Court of Appeals for the Second Circuit, which concluded that the SEC must demonstrate pecuniary loss, and the U.S. Courts of Appeals for the First and Ninth Circuits, which declined to require such a showing....