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Protest of Private Subcontract Solicitation Has Teeth

Client Alert | less than 1 min read | 02.13.13

In Orion Tech. Resources, LLC v. Los Alamos Nat'l Sec., LLC (Aug. 6, 2012), the New Mexico Court of Appeals held that, while, in a private context, an unsuccessful offeror generally has no right to complain, when the issuer made representations as to how the offers would be considered that it then violated and on which the offeror relied, there was an implied contract under the common law. Moreover, the court ruled that the offeror in appropriate circumstances could obtain injunctive relief or damages, including lost profits if it can prove it would have won the award if the stated rules had been followed.


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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...