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NAICS Challengers at Court Must First Exhaust Administrative Remedies

Client Alert | less than 1 min read | 04.27.15

On April 22, 2015, the Federal Circuit ruled in Palladian Partners, Inc. v. U.S. that, although the Court of Federal Claims has jurisdiction to review challenges to NAICS code decisions made by the SBA's Office of Hearing and Appeals (OHA), in order for an offeror to challenge such a decision at the court, the offeror had to have participated in the appeal at OHA brought by a different offeror. Here, because the offeror failed to do so, the offeror had not exhausted its administrative remedies, and the case was remanded to be dismissed.


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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....