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Task Order Protest as Breach at The ASBCA

Client Alert | less than 1 min read | 05.28.08

In L-3 Communications Corp., ASBCA No. 54920 (May 5, 2008), the Armed Services Board of Contract Appeals upheld the challenge to the award of a task order for the development and support of F-15 training devices under a breach of contract theory, finding that the cost evaluation approach used by the Air Force denied L-3 its contractual right to a "fair opportunity to be considered." The Board awarded L-3 its bid and proposal costs, but rejected the claim for lost profits and other damages, finding that L-3 had not proven that, but for the evaluation error, it would have been awarded the contract.

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Client Alert | 3 min read | 12.13.24

New FTC Telemarketing Sales Rule Amendments

The Federal Trade Commission (“FTC”)  recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR. ...