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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 | 7 min read | 10.27.26

New Developments in DOJ Whistleblower Policies and HHS Disclosures: Key Takeaways for General Counsel, Chief Compliance Officers, and Boards

On October 20, 2026, the U.S. Department of Justice’s (DOJ) National Fraud Enforcement Division announced a new whistleblower rewards initiative, the Fraud Whistleblower Incentive Program (WHIP). Assistant Attorney General Colin M. McDonald issued a directive earlier this month directing Division leadership to design and implement policies and programs that incentivize whistleblowers to bring forward credible information pertaining to fraud. The new WHIP incentive pays awards of $10,000 to $30,000 for qualifying tips at or around the time criminal charges are filed or unsealed, rather than years later at case resolution....