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R-E-V-I-E-W Does Not Spell R-E-L-I-E-F

Client Alert | less than 1 min read | 12.06.04

Rejecting the contention that, after finding arbitrary and capricious conduct by procurement officials, the award must be declared invalid and set aside, the Federal Circuit in PGBA v. U.S. (Nov. 22, 2004) says that a court is to apply the normal balancing of the equities, including the public interest, when deciding whether to grant an injunction after finding for a protester on the merits. Congress only adopted the review provisions of section 706 of the Administrative Procedure Act, the court explained, not its seemingly mandatory relief provisions.

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Client Alert | 4 min read | 03.25.26

NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know

The National Association of Insurance Commissioners (NAIC) is intensifying its oversight of how insurers use AI — and the pace of regulatory activity shows no signs of slowing. Over the past several months, the NAIC has published a formal Issue Brief staking out its position on federal AI legislation, launched a multistate AI Evaluation Tool pilot aimed at examining insurers’ AI governance programs, and continued to expand adoption of its AI Model Bulletin across state lines. These developments continue a trend towards enhancing regulation; the NAIC adopted AI Principles in 2020 and a Model Bulletin in 2023 clarifying that existing insurance laws apply to AI systems and establishing expectations for governance, documentation, testing, and third-party oversight. That Model Bulletin has now been adopted in approximately 24 states....

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