U.S. Supreme Court Rules that the NCAA’s Limits on Education-Related Benefits Violate Federal Antitrust Law

In a recent unanimous decision, the Supreme Court of the United States in NCAA v. Alston ruled that the National Collegiate Athletic Association’s (NCAA) limits on education-related benefits are invalid under federal antitrust law. This decision will affect compensation rules for… Read more

July 14, 2021 | Appellate Law | Litigation

Virginia Has Created a New Right of Appeal for Civil and Criminal Litigants

By W. Thomas Chappell

Until this last legislative session, Virginia was the only state in the nation without a right of appeal from civil judgments and criminal convictions. However, the most recent General Assembly session passed, and the Governor signed, perhaps the most consequential… Read more

June 16, 2021 | Appellate Law | Litigation

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises only when the settlement agreement resolves CERCLA-specific liabilities. This… Read more

In Split Decision, Federal Circuit Affirms Agency Exclusion of Proposals

In U.S. Government procurements, most solicitations specify that noncompliance with its terms and conditions may cause a proposal to be determined unacceptable or be deemed non-responsive and excluded from consideration. However, in some cases, the agency may alter the terms… Read more

April 22, 2021 | Appellate Law | Government Contracts | Litigation

In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

In order to bring an action in any United States tribunal, a party must have “standing.” “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong.”… Read more

March 3, 2021 | Appellate Law | Government Contracts | Litigation

Federal Circuit Holds CICA Stay Clock Begins at Time of Debriefing When Disappointed Offeror does not Avail Itself of Right to Ask Additional Questions

No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays.[1] In NIKA Technologies v. United States, the Federal Circuit reversed a Court of Federal Claims (“COFC”)… Read more

February 15, 2021 | Appellate Law | Government Contracts | Litigation

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question. In Veterans4You LLC v. United States, the Department of Veterans Affairs… Read more

January 20, 2021 | Appellate Law | Government Contracts | Litigation

To Infinity and Beyond Immediate Parties: The Fourth and Ninth Circuit Split on the Enforceability of “Infinite Arbitration Clauses”

By Dustin M. Paul, Gaela R. Normile

Imagine walking into an AT&T store to sign up for a service plan and buy a new cellphone. Perhaps, you are excited to finally get your hands on the latest iPhone. At the same time your new phone is placed… Read more

October 6, 2020 | Alternative Dispute Resolution | Appellate Law | Litigation

Subpoena Power of Arbitrators Over Non-Party Documents

Arbitration is a means for parties to resolve disputes in a more efficient and less costly manner than seeking recourse through the judicial system. The Federal Arbitration Act empowers the arbitrator to subpoena non-parties and their documents to an arbitration… Read more

July 21, 2020 | Appellate Law | Construction | Government Contracts | Litigation

Supreme Court Extends Title VII Protections to LGBTQ Workers

On June 15, 2020, the United States Supreme Court officially declared that LGBTQ persons are protected from discharge or discipline because of sex under the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964. The Court’s landmark… Read more

June 16, 2020 | Appellate Law | Labor & Employment | Litigation

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