On May 28, 2026, the Eleventh Circuit issued an opinion in Khatabi v. Car Auto Holdings, LLC, holding, in relevant part, that an employer waived its ability to request a damages cap under Title VII based on its smaller size because it failed to plead the size damages cap as an affirmative defense.
In
A recent Government Accountability Office (GAO) bid protest decision highlights a recurring issue in federal procurements: Agencies often take corrective action, but reevaluation errors can still lead to a sustained protest. In N&S Property Services, LLC, GAO sustained a second protest after corrective action, finding that the agency’s evaluation was unreasonable, poorly documented, and
The warm summer months are almost here, and many business owners will be spending some time relaxing away from the office. Before or after that well-deserved summer vacation, however, owners may want to tackle important issues concerning the company’s key agreements that have not kept pace with the growth of the business. Changes in these
A recent order from the Civilian Board of Contract Appeals in Zhang v. General Services Administration offers important guidance on the scope of discovery obligations in federal contract disputes — particularly where responsive records are held not by the respondent agency, but by a separate federal entity.
The decision merits attention for its analysis of
For government contractors, receiving a Civil Investigative Demand (CID) can be unsettling. A CID often signals that the Department of Justice (DOJ) or another federal agency is investigating potential violations of the False Claims Act (FCA) or other federal statutes. While a CID is not a formal lawsuit or finding of wrongdoing, how a contractor
As summer approaches, many organizations welcome interns and host a variety of social events, including happy hours, outings, and team-building activities. While these programs can boost morale and provide valuable networking opportunities, they also introduce additional workplace risks, particularly when alcohol, power dynamics, and inclusion concerns intersect. For employers with summer interns, thoughtful planning can
In mCom IP, LLC v. City National Bank of Florida, the Federal Circuit reversed an award of attorneys’ fees under 35 U.S.C. § 285 against the patent owner and sanctions under 28 U.S.C. § 1927 against its counsel, holding that neither the patent owner’s decision to litigate patent claims surviving inter partes review (IPR)
A cure notice is one of the most serious warning signs a government contractor can receive. While it is not yet a termination, it is often the final step before the government moves to terminate a contract for default — an outcome that can have significant financial and reputational consequences, including potential impacts on future
For decades, settling with the U.S. Securities and Exchange Commission (SEC) came with an unusual requirement: silence. Under Rule 202.5(e) of the SEC’s informal procedures, defendants who settled SEC enforcement actions were prohibited from publicly denying the agency’s allegations. On May 18, 2026, the SEC rescinded that policy, closing a chapter that had drawn criticism
Other Transaction Authority (OTA) agreements have become one of the most important — and most misunderstood — vehicles for doing business with the federal government. Once limited to niche research programs, OTAs are now widely used across the Department of Defense and civilian agencies to accelerate acquisition of emerging technologies, prototypes, and innovative capabilities.
For
