Prime Pulls Rug Out From Under Subcontractor Appeal
Client Alert | 1 min read | 09.08.14
The ASBCA's dismissal of an appeal in Binghamton Simulator Co. provides a stark reminder that subcontractors generally do not have privity of contract with the government and therefore cannot appeal contracting officer final decisions – even those that directly affect the sub's rights – unless that appeal is in the name of the prime and with the prime's consent and cooperation. The substantive dispute in this appeal related to the extent of government rights in software provided by Binghamton, and Binghamton had a provision in its subcontract that may have required the prime to sponsor the appeal, but the ASBCA held these were irrelevant because the prime refused to confirm its sponsorship of the appeal to the Board.
Insights
Client Alert | 4 min read | 08.29.25
Gender-Affirming Care Targeted for Potential False Claims Act Enforcement
On August 19, 2025, the Office of Personnel Management (OPM) informed insurers participating in the Federal Employees Health Benefits or Postal Service Health Benefits programs that gender-affirming care would no longer be covered for federal workers starting in 2026. This coverage decision is the Trump Administration’s latest action stemming from Executive Order 14187 which aims to prevent certain treatments, such as gender-affirming hormone therapy, surgeries, and puberty blockers for those under the age of 19. As previously discussed, the Administration has also signaled its intent to use various law enforcement tools against gender-affirming care, including Section 5 of the Federal Trade Commission Act to police false or unsupported claims by medical professionals about gender-affirming treatments.
Client Alert | 4 min read | 08.28.25
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
Client Alert | 2 min read | 08.27.25
CPSC Maintains Momentum on eFiling Requirements for Consumer Products
Client Alert | 10 min read | 08.27.25
The New EU “Pharma Package”: Advertising – A Comparison of Commission/Parliament/Council Positions
