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Tanker Award Tanked

Client Alert | less than 1 min read | 06.19.08

Yesterday, GAO overturned the Air Force’s award of the contract to Northrop Grumman/EADS (http://www.gao.gov/press/boeingstmt.pdf) for aerial refueling tankers, identifying seven distinct errors in the competition, including flaws in the technical and cost evaluations (the Air Force incorrectly determined that NG was the low cost offeror) and in the discussions. GAO recommended that the Air Force reopen discussions and request new proposals.

Insights

Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....