News & Analysis as of

Arbitrary and Capricious

Bass, Berry & Sims PLC

Clarified Standard for Challenging CICA Stay Overrides

On April 15, the Federal Circuit issued a decision clarifying the burden a protestor must meet when challenging an agency’s override of the Competition in Contracting Act’s (CICA) automatic stay of performance....more

Bradley Arant Boult Cummings LLP

Bid Protests at the State and Local Level: What Contractors Need to Know

Federal contractors are often familiar with the well-defined bid protest processes at the Government Accountability Office (GAO), the U.S. Court of Federal Claims, and agency-level forums....more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - May 2026

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This month’s Friday Five explores decisions (1) upholding a choice of law provision in a long-term disability policy, (2) granting an administrator’s request for reimbursement after overpaying a claimant for years, (3)...more

Nossaman LLP

District Court Enjoins Enforcement of Anti-Renewable Energy Policies

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A preliminary injunction has been issued temporarily stopping enforcement of several anti-renewable energy policies against members of eight renewable energy trade associations and a consumer organization. On April 21, 2026,...more

PilieroMazza PLLC

Protesting an Award? What the Latest CICA Stay Decision Means for Government Contractors

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The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recently rejected the argument that a plaintiff challenging an agency’s override of an automatic stay of a contract—commonly referred to as the Competition...more

Bradley Arant Boult Cummings LLP

Federal Circuit Clarifies Standard for CICA Stay Overrides

On April 15, 2026, the U.S. Court of Appeals for the Federal Circuit issued a significant decision in Life Science Logistics, LLC v. United States, No. 2024-1522, clarifying the legal standard governing judicial review of...more

McGuireWoods LLP

Spring 2026 Newsletter — Wildfire Regulation and Litigation Across the U.S.

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This newsletter provides updates and legal observations on recent regulatory and litigation activity related to wildfires. This edition highlights the Forest Service’s ability to bypass environmental assessments for wildfire...more

ArentFox Schiff

Federal Court Vacates HRSA’s 2013 340B ‘GPO Prohibition’ Policy for Replenishment Models

ArentFox Schiff on

Last month, the US District Court for the District of Columbia struck down a 2013 policy issued by the US Department of Health and Human Services Health Resources and Services Administration (HRSA) regarding the Section 340B...more

Perkins Coie

Court Rejects Arbitration Clause That Relies on ‘Sign-In Wrap’

Perkins Coie on

Courts may refuse to enforce online arbitration clauses when checkout-page design buries notice of mandatory arbitration through cluttered layouts, low-contrast links, and visually dominant purchase buttons....more

McGuireWoods LLP

Federal Court Blocks IPEDS Reporting Deadline for Public Universities in 17 States

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On Friday, April 3, 2026, the U.S. District Court for the District of Massachusetts preliminarily enjoined the Trump administration from requiring public colleges and universities in 17 states to submit seven years’ worth of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Federal Court Halts ACTS Survey in Seventeen States

On April 3, 2026, A federal court in Massachusetts granted a preliminary injunction halting enforcement of the U.S. Department of Education’s (ED) Admissions and Consumer Transparency Supplement (ACTS) survey against public...more

The Volkov Law Group

Episode 400: Reopening 9/11 -- A UK Supreme Court Battle Over Truth, Power, and Accountability

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In this episode, I sit down with Matthew Campbell, whose decades-long effort to seek answers about the death of his brother in the World Trade Center has now reached the doorstep of the Supreme Court of the United Kingdom. ...more

Jones Day

Offshore Wind Projects Find Success in U.S. Courts

Jones Day on

On December 22, 2025 the Bureau of Ocean Energy Management ("BOEM") issued an order suspending all ongoing activities related to five offshore wind projects in the development stage for 90 days citing national security...more

Hogan Lovells

Lawsuit challenges USDA approval of SNAP waivers in five states

Hogan Lovells on

On March 11, 2026, a group of Supplemental Nutrition Assistance Program (SNAP) beneficiaries filed suit in the U.S. District Court for the District of Columbia challenging the U.S. Department of Agriculture's (USDA) recent...more

Fenwick & West LLP

Shareholders Challenge SEC's New No-Objection Policy

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The Interfaith Center on Corporate Responsibility (ICCR) and As You Sow, represented by Democracy Forward, have filed a complaint against the U.S. Securities and Exchange Commission (SEC) over the SEC’s new No-Objection...more

Orrick, Herrington & Sutcliffe LLP

District court rules CFPB must continue requesting funding from the Fed

On March 13, the U.S. District Court for the Northern District of California granted summary judgment to nonprofit organizations challenging the CFPB’s refusal to request operating funds from the Fed, resolving a lawsuit. ...more

Ballard Spahr LLP

Following Lawsuit, HUD Indefinitely Delays Revocation of 30-Day Notice Rule for Nonpayment Lease Termination

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Last week, the U.S. Department of Housing and Urban Development (HUD) shifted the interim rule to revoke the 30 days’ notice of nonpayment to a proposed rule. The proposed rule will go through notice-and-comment rulemaking...more

Pillsbury - Bid Protest Debrief

Automatic Stay, Manual Override: COFC Rejects CICA Stay Override Challenge in Threat Tec

When a contractor files a protest at the Government Accountability Office, the Competition in Contracting Act (CICA) normally hits the pause button on the procurement. Performance of the challenged contract is automatically...more

Littler

NLRB Reinstates 2020 Joint Employer Standard: A Return to Direct Control

Littler on

On February 26, 2026, the National Labor Relations Board formally reinstated its 2020 joint-employer standard. This action officially withdraws a Biden-era 2023 rule and restores a narrower framework for determining when two...more

Troutman Pepper Locke

DC Circuit Upholds PJM’s Sunset of EER Participation in Capacity Auctions

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On February 10, 2026, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) upheld FERC’s order accepting revisions to the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (Tariff) to...more

BCLP

HSR in Flux: New Filing Requirements Collide with Federal Court Ruling

BCLP on

On February 12, 2026, a federal district court in the Eastern District of Texas vacated the Federal Trade Commission’s new Hart‑Scott‑Rodino Act premerger notification form, concluding that in its 2025 comprehensive overhaul...more

Mayer Brown

Overhauled HSR Rules to Remain in Effect For Now

Mayer Brown on

After an eventful week, bipartisan changes to Hart-Scott-Rodino Act (“HSR Act”) premerger notification rules finalized in October 2024 will remain in effect until the Fifth Circuit issues a decision on a stay pending appeal....more

PilieroMazza PLLC

SVOG Alert: SBA Demands Supplemental Documents from Grant Recipients Who Appealed SBA’s Decision to Rescind Their SVOG Grants

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In July 2025, we wrote that the Small Business Administration (SBA) had begun issuing letters to recipients of grant funds under the $16.25 Billion COVID-era Shuttered Venue Operators Grant (SVOG) program, rescinding grant...more

McCarter & English Blog: Government Contracts...

Gateway Project Litigation Latest Salvo in Struggle over Federal Grants

For federal grant recipients across diverse sectors ranging from humanitarian assistance to the environment, the disruption of established business practices and the upending of expectations have now become the new normal, as...more

Pillsbury - Bid Protest Debrief

Second Bite Denied: COFC Applies Blue & Gold and Upholds $130 Million DLA Reaward

In Advantaged Solutions, Inc. v. United States, U.S. Court of Federal Claims, No. 25-1806 (Jan. 30, 2026), Advantaged Solutions, Inc. (ASI) protested the Defense Logistics Agency’s decision to rescind an initial award to ASI...more

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