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Undocumented Clarifications Mean Undone State Award

Client Alert | less than 1 min read | 02.09.05

In a dramatic saga in the highly competitive market for state Medicaid IS contracts, a North Carolina administrative judge upheld a protest of the state’s award of a $180 million contract, holding that the state cannot base its award on clarifications that the awardee made during an unrecorded, undocumented meeting, and that the state improperly relaxed RFP technical requirements only for the awardee. The judge found the procurement so flawed that the state should start all over again, ruling for protester, EDS Information Services, which was represented jointly by Crowell & Moring and Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan of North Carolina.

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Client Alert | 3 min read | 01.13.26

Colorado Judge Quashes DOJ Gender-Related Care Subpoena

On January 5, 2026, District of Colorado Magistrate Judge Cyrus Chung issued a recommendation that the district court grant a motion to quash a Department of Justice (DOJ) administrative subpoena that sought records about the provision of gender-related care by Children’s Hospital Colorado (Children’s) in In re: Department of Justice Administrative Subpoena No. 25-1431-030, U.S. District Court for the District of Colorado, No. 1:25-mc-00063. The court concluded that the DOJ had failed to carry its “light” burden, noting that no other courts that had considered the more than 20 similar subpoenas issued by DOJ had ruled in the DOJ’s favor.  ...