"Meaningful Consideration" of Procurement's Primary Activity Required in Size Standard Determinations
Client Alert | 1 min read | 10.16.14
In RLB Contracting, Inc. v. U.S. (Oct. 3, 2014), the Court of Federal Claims enjoined the USDA from moving forward with a small business set-aside procurement for a shoreline and marsh restoration project issued under a NAICS code for "Other Heavy and Civil Engineering Construction," to which both the USDA and SBA found the code’s smaller size standard exception for "contracts which are comprised primarily of dredging and surface clean up" inapplicable. Concluding that the size standard decision by the USDA (which was affirmed by the SBA) was "flawed because the [administrative] record does not show that they gave proper consideration to whether dredging constitutes the primary activity involved," the CFC deemed the size standard determination "irrational."
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Client Alert | 7 min read | 10.22.26
Africa, MENA, and the Arbitration Act 2025: LCIA’s Latest Report
The LCIA's 2025 Annual Casework Report contains a finding that should command the attention of any business with commercial exposure to Africa or the Middle East. Participation from the Middle East and North Africa (MENA) rose to almost 15% of the LCIA's caseload in 2025, and the UAE alone is now the third most represented jurisdiction globally, overtaking every non-Anglophone jurisdiction in the world.[1] That shift did not happen in isolation. It coincided with the entry into force of the Arbitration Act 2025 (the 2025 Act) — the most significant reform of English arbitration law in a generation — and a dramatic surge in parties deploying the LCIA's procedural toolkit more aggressively than ever before.[2]
Client Alert | 4 min read | 10.22.26
CMS Proposal Would Require Extensive Provider Directory Changes in MA
Client Alert | 5 min read | 10.22.26
CMS Proposes Major Changes to MA, Part D, and PBM Requirements
Client Alert | 5 min read | 10.22.26
