News & Analysis as of

Set-Asides

Federal Court reaffirms and reissues section 8 venlafaxine judgments overturned by the Court of Appeal for hearsay

by Smart & Biggar on

As previously reported, in 2016 the Federal Court of Appeal set aside a decision of the Federal Court awarding Teva close to $125 million in damages under section 8 of the Patented Medicines (Notice of Compliance) Regulations...more

In 2016 the Texas Supreme Court Continues to Favor Arbitration

by Strasburger & Price, LLP on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Weekly Update Newsletter - December 2016 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Set-Asides under Multiple-Award Contracts The Department of Defense (“DOD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) are proposing to...more

Considerations When Choosing a Mentor or Protege Under the SBAs Programs - Set-Aside Alert

by PilieroMazza PLLC on

When the U.S. Small Business Administration amends its regulations in August 2016 to establish a mentor-protégé program for all small businesses, it included provisions that limit the number of mentors a small business can...more

Weekly Update Newsletter - September 2016 #4

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Amendments to Department of Defense (“DOD”) Mentor-Protégé Program DOD has issued a proposed rule which will amend the DFARS to implement Section 861 of the NDAA 2016, which provides amendments...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19586 - Harrington v. Freedom of Information Commission - The Court started off by saying..... We have not previously had occasion to squarely address..... [this]...more

Court Enforces “Presumed Loss” Rule Where Contractor Misrepresented 8(a) Status to Win Set-Aside Contracts

by Holland & Knight LLP on

In a Memorandum Opinion issued on June 17, 2016, the U.S. District Court for the District of Columbia applied the so-called "presumed loss" rule to assess the full contract value as the measure of the government’s loss for...more

The National 8(a) Association Summer Conference Recap; Mentor-Protégé Regs Looming

by Holland & Knight LLP on

On June 13-14, the National 8(a) Association held its annual summer conference in Anchorage, Alaska. The conference included useful programs on a variety of topics of interest to tribal, Alaska Native Corporations (ANC), and...more

Supreme Court Requires the VA to Expand Use of Mandatory Set-Asides for VOSBs

by Morgan Lewis on

The Department of Veterans Affairs will be required to implement mandatory set-aside requirements for procurements at all levels, including FSS orders, if two or more VOSBs reasonably can be expected to submit offers that...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

by McDermott Will & Emery on

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

Highest EU court strikes down vague and ambiguous information requests

by White & Case LLP on

Statement of reasons was excessively vague in light of the extent of information requested and the advanced investigation stage. Introduction - On 10 March 2016, the European Court of Justice issued a landmark...more

State-Assisted Public School Projects Subject to Set-Aside and Non-Discrimination Requirements

by Shipman & Goodwin LLP on

Effective as of October 1, 2015, Connecticut’s set-aside requirements for small contractors and minority-owned business enterprises, as well as Connecticut’s statutory non-discrimination and affirmative action requirements,...more

National 8(a) and GAO Small Business Set Aside Provision

This update is a brief synopsis of a case that held, if there is not a certain FAR provision addressing subcontracting limitations in a set aside contract for small business, there is not a mandatory duty to comply with the...more

Can The Defendant Set Aside A Sale Of Receivership Assets To A Buyer?

by Ervin Cohen & Jessup LLP on

QUESTION: I purchased assets from a receiver. The court approved the sale over the objection of one of the defendants. The sale has now closed. I was just informed that the defendant is appealing the order approving the sale....more

SBA Size Protest Reminds Us That There is an Exception to Every Rule

The Small Business Administration (“SBA”) recently issued a favorable decision on behalf of a firm client in a size determination case, and we wanted to share information from that decision with you. While the decision is...more

A Refresher on the Non-Manufacturer Rule

by PilieroMazza PLLC on

Unless you are a small business regularly engaged in selling supplies to the U.S. Government, you may have only a passing familiarity with the requirements of the Non-Manufacturer Rule (NMR). The NMR is an exception to the...more

"EPA Issues Clean Power Plan to Reduce Power Plant Carbon Emissions"

On August 3, 2015, the U.S. Environmental Protection Agency (EPA) issued its final regulation, known as the Clean Power Plan (CPP), establishing carbon dioxide (CO2) emission guidelines for existing affected electric utility...more

Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

by PilieroMazza PLLC on

What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more

Federal Circuit Review | July 2015

by Knobbe Martens on

Nunc Pro Tunc Assignments Insufficient To Confer Retroactive Standing - In ALPS SOUTH, LLC v. OHIO WILLOW WOOD CO., Appeal Nos. 2013-1452, 2013-1488, 2014-1147, and 2014-1426, the Federal Circuit reversed the denial of a...more

Changes on the Horizon for the SBA 8(m) Women-Owned Small Business Program

by Hodgson Russ LLP on

Additional regulations governing the federal contracting “set-aside” program and now also the “sole source” program applied to women-owned small business (WOSB) are on the horizon. The WOSB program is referred to as the 8(m)...more

California Supreme Court Hears Oral Argument Over City’s Inclusionary Housing Set-Aside

by Latham & Watkins LLP on

On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity

by DLA Piper on

The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the earliest opportunity, denying parties the right to raise those objections in a subsequent challenge to the...more

Please Shut the Gate: High Court Decision on Important Jurisdictional Gateway

by Latham & Watkins LLP on

The English Civil Procedure Rules specify a number of “jurisdictional gateways” by which a foreign defendant may be brought within the jurisdiction of the English courts under the so-called common law rules. Amongst these is...more

Threat of Litigation Eliminates Charitable Set Aside Deduction for Estate

by Charles (Chuck) Rubin on

Estates and trusts with charitable beneficiaries often seek to employ the Code Section 642(c) charitable set aside deduction for income earned by the estate and trust that will eventually (but not in the current tax year) be...more

How Much U.S. Work Is Needed for the Small Business Set-Aside Rules To Apply?

by PilieroMazza PLLC on

In a decision issued last year, the GAO denied the protest of Maersk Line, Limited, of Norfolk, Virginia (“Maersk”), a large business, which challenged the decision of the Department of the Navy, Military Sealift Command...more

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