In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override of a Competition in Contracting Act (“CICA”) stay must only show the override was arbitrary and capricious. The court rejected the government’s argument that the plaintiff must also satisfy the traditional four-factor test for preliminary injunctions—likelihood of success on the merits, irreparable harm, balance of equities, and benefit to the public. … Read the rest
Just over a month ago, employers throughout the United States breathed a sigh of relief after Judge Ada Brown in the Northern District of Texas issued a summary judgment ruling in the Ryan v. FTC litigation setting aside the FTC’s rule banning the vast majority of non-competes (the “Rule”). In that decision, Judge Brown reasoned—just as she had in her order on the plaintiffs’ motion to stay and enjoin the Rule—that the FTC violated the APA because it “exceeded its … Read the rest