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Proposed FAR Rule Targets Restrictive Confidentiality Agreements

Client Alert | less than 1 min read | 01.27.16

On January 22, 2016, the FAR Council proposed a new rule implementing section 743 of the 2015 Consolidated and Further Continuing Appropriations Act, which prohibits federal dollars from going to companies that require employees to sign restrictive confidentiality agreements that could limit the ability of employees to report suspected fraud and abuse to the government. As described in a post, the proposed rule comes at a time of increased scrutiny from government agencies on the use of confidentiality agreements, and several agencies have issued class deviations in order to implement the requirements of the 2015 act pending the issuance of the final FAR rule.

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Client Alert | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief.  In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more....