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.
Insights
Client Alert | 3 min read | 11.13.26
Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief
A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy.
Client Alert | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
