Limits On Bid Protest Review Reinforced
Client Alert | less than 1 min read | 12.08.09
In Alabama Aircraft Indus., Inc.--Birmingham v. U.S. (Nov. 17, 2009), the Federal Circuit reversed the lower court for rewriting the RFP and then finding that the agency had not conducted a reasonable price realism analysis, when its review should have been limited to whether the agency's evaluation was consistent with the criteria as set forth in the RFP. The appeals court noted that this was not a case in which the agency had failed to consider an important aspect of the situation, but, rather, had considered it in a reasonable way different from that articulated by the lower court.
Insights
Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
