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Has the Court of Federal Claims Relaxed its Standard for Obtaining TRO’s? Probably not.

In Continental Services Group, Inc. v United States (No. 17-449, March 29, 2017), the U.S. Department of Education issued a solicitation for the collection and administrative resolution of debts resulting from non-payment of student loans.  Continental Services (“CS”) submitted an offer.  CS was not selected for the award and, as did other disappointed bidders, filed […]

Best Recipes for a Bid Protest

Most Government contracting officers are dedicated, hard-working and honest. The same is true of most Government proposal evaluators. As a result, arguments in bid protests that Government personnel were biased against the protestor or in favor of the awardee often don’t go anywhere. Most often, successful protests are those which challenge an agency’s disparate treatment […]

Supreme Court Suggests It May Limit the SEC’s Authority to Seek Disgorgement From Defendants in Securities Actions

On April 18, 2017 the Supreme Court heard oral argument in Kokesh v. SEC in order to resolve whether the federal five-year statute of limitations for civil actions, which applies to “any civil . . . penalty, or forfeiture,” governs the SEC’s claims for disgorgement. This case follows the Court’s recent decision in Gabelli v. […]