On January 12, 2026, the US Supreme Court denied Percipient.ai, Inc.’s petition for a writ of certiorari, ending a closely watched case that tested the boundaries of bid protest standing at the Court of Federal Claims. The...more
Last week, the Supreme Court declined to review Percipient.ai, Inc. v. United States, 153 F.4th 1226 (Fed. Cir. 2025), a high‑profile Federal Circuit decision that limits who may bring a protest at the U.S. Court of Federal...more
Key Takeaways: Executive Order 14169, issued on January 20, 2025, placed a 90-day pause on foreign aid while its alignment with U.S. foreign policy was reviewed....more
The Trump Administration’s unprecedented terminations of federal contracts and grants have affected organizations seeking options and remedies. Universities, academic research institutions, federal contractors, and state and...more
This month’s bid protest spotlight features one decision from the U.S. Court of Federal Claims and two decisions from the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA). In CS 321 East 2nd...more
In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more
Monthly newsletter Material Concerns: Legal Updates on Substances of Emerging Concern keeps clients informed on the latest legal, regulatory and scientific developments related to substances of emerging concern. Each issue...more
Whether a protester has standing to challenge a government bid process or award is typically clear for actual bidders, but it can be less clear for lower-tier participants like subcontractors and prospective bidders. The...more
The Administration’s dramatic cutbacks to federal funding have changed the landscape and presented new and unprecedented challenges for funding recipients across a range of industries....more
On Tuesday, September 2, the Trump Administration scored a victory in its ongoing efforts to roll back clean energy initiatives and grants....more
The Supreme Court issued a fractured, 4-1-4 ruling on its emergency docket in National Institutes of Health v. American Public Health Association, No. 25A103, 606 U.S. ____ (2025) (per curiam) (“NIH”) on August 21, 2025....more
The Court of Appeals for the Federal Circuit has resolved once and for all the question of who can file a bid protest before the Court of Federal Claims (COFC)....more
The Supreme Court recently ruled for the second time that federal district courts likely lack jurisdiction under the Administrative Procedure Act (“APA”) to hear challenges to terminations of federal grants. The first such...more
Those doing business with the government may face an ogre’s choice at the intersection of two Supreme Court decisions and longstanding Federal Circuit precedent precluding jurisdiction over non-procurement contracts....more
On August 28, 2025, the Federal Circuit issued an important en banc decision in Percipient.ai, Inc. v. United States that notably clarifies who qualifies as an “interested party” with standing to bring a bid protest under the...more
WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains...more
The U.S. Supreme Court agreed last week to permit the National Institutes of Health (NIH) to terminate hundreds of grants related to diversity, equity and inclusion (DEI) initiatives worth approximately $800 million. The...more
Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision. Under the...more
On July 24, 2025, the Trump Administration turned to the U.S. Supreme Court to block U.S. District Judge Young’s preliminary injunction prohibiting the National Institutes of Health (NIH) from cutting hundreds of grant...more
Following the U.S. Department of Energy's (DOE) announcement of a new project review process in May 2025, the Office of Clean Energy Demonstrations (OCED) issued the first round of DOE grant terminations under the Trump...more
This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more
Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more
The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more
Federal grantees facing the termination of their grants by the new administration have challenged those terminations by filing suits under the Administrative Procedure Act (APA) in federal district courts. In about a half a...more
While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more