Past Performance CDA Appeal Revisited
Client Alert | less than 1 min read | 08.04.09
In Todd Constr. L.P. v. U.S. (July 22, 2009), Judge G. Miller, following up on his prior decision that a contractor may file a CDA appeal of an adverse past performance determination, provided guidance on the scope of relief available to the plaintiff, namely, a remand to the agency with "just and proper" directions from the court to assist the agency in addressing identified concerns. The court cites to and adopts a number of the recommendations made in a recent article by C&M's John McCarthy and Addie Cliffe.
Contacts
Insights
Client Alert | 7 min read | 06.24.26
On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch.
Client Alert | 3 min read | 06.24.26
Client Alert | 4 min read | 06.23.26
EPA Hands Over AI Data Center Regulation to States and Communities to Develop Best Practices
Client Alert | 3 min read | 06.22.26
