The U.S. Court of Appeals for the Federal Circuit held in Avue Technologies Corp. v. Department of Health and Human Services that an appellant’s non-frivolous allegation of a contract with the government via an end-user license agreement (EULA) incorporated into
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It All Adds Up
Our Two Cents
In this second inaugural episode of It All Adds Up, Nicole Owren-Wiest and Erin Rankin riff on why they care so much about government contracts cost and pricing – and why you should, too. “It All Adds…
Fastest 5 Minutes
Defense Innovation Unit, AI, Proposal Timeliness
This week’s episode covers DoD’s Defense Innovation Unit report about actions to maintain U.S. technological superiority, DOJ’s plans to address the dangers posed by AI technology by seeking sentencing enhancements for crimes committed using…
Senate Confirms Dziak to CPSC; Agency Back to Five Commissioners
Yesterday, the U.S. Senate confirmed Doug Dziak by a voice vote to serve as a commissioner of the Consumer Product Safety Commission (“CPSC”). Mr. Dziak will be the second Republican to serve on the Commission presently joining his former boss…
Scrutiny of Green Claims is in Fashion: Zalando Forced to Overhaul Sustainability Claims
Europe’s biggest online fashion retailer, Zalando, recently agreed to dramatically and rapidly overhaul its sustainability marketing in the face of pressure by the European Commission. This is yet another example of why companies need to be extremely careful when making…
EU Acts to Ban Forced Labor Imports
The Council of the European Union and the European Parliament have reached a provisional deal on regulations banning forced labor in European Union supply chains. The legislative proposal supports the EU’s goals of prohibiting the use of forced labor in…
WTO Extends E-Commerce Moratorium to 2026
The conclusion of the World Trade Organization’s (“WTO”) 13th ministerial meeting (“MC13”) this past Friday, March 1st, saw the extension of the so-called e-commerce moratorium until the next ministerial conference in two years, at which point it will permanently expire…
Counterclaims Against Compliance-Officer-Turned-Relator Survive Motion to Dismiss
A recent decision in a non-intervened qui tam suit in the Northern District of Georgia provides an example of a defendant threading the needle to avoid dismissal of its counterclaims despite those counterclaims arguably implicating the conduct that the relator alleged violated…
PRC Firm Files to Contest WRO Against Silica Products in Court of International Trade
Last week, Hoshine Silicon Industry Co. (“Hoshine”) filed a complaint at the Court of International Trade contesting a withhold release order (“WRO”) issued against it by U.S. Customs and Border Protection (“CBP”).
The withhold release order prohibits Hoshine and its…
DOJ’s First “Pure” Criminal Tax Charges in Bitcoin Case Signals Heightened Focus On Tax Reporting of Digital Asset Gains
As Bitcoin reaches prices not seen since November 2021, individuals and entities will undoubtedly consider selling – sometimes called “taking profit” on – Bitcoin and other digital assets to capture previously unrealized gains. But crypto market participants should be aware…