Mitigation Plan Doesn't Always Heal OCI
Client Alert | 1 min read | 01.18.06
In Alion Science & Technology Corp. (Jan. 9, 2006, http://www.gao.gov/decisions/bidpro/297342.pdf), GAO found an impaired objectivity organizational conflict of interest in the award of a contract to provide electromagnetic spectrum engineering services to a manufacturer of electromagnetic spectrum-dependent products, because performance of the contract would involve many different kinds of subjective judgments that might affect the sale or use of such products of the contractor, its competitors, or its customers. A mitigation plan based upon assignment of all work involving such judgments to a subcontractor was rejected because it was based upon erroneous, understated assessments of the conflict potential presented by multiple tasks in the solicitation, and because the agency had not considered the impact on the technical evaluation scoring of a shift of so much of the work from the prime contractor to the subcontractor.
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Client Alert | 9 min read | 08.02.26
The 2026 ICC Arbitration Rules: A New Era
The International Chamber of Commerce (ICC) has released its revised 2026 Arbitration Rules (the 2026 Rules), which entered into force on 1 June 2026. The 2026 Rules apply to any arbitration commenced on or after 1 June 2026, unless the parties have agreed otherwise. The revisions were driven by increased competition among arbitral institutions—illustrated by recent amendments to the Singapore International Arbitration Centre (SIAC) Rules in August 2025 and the anticipated update to the London Court of International Arbitration (LCIA) Rules.
Client Alert | 4 min read | 07.31.26
Client Alert | 3 min read | 07.31.26
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
