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Speak Now Or Forever Hold Your Protest: Intervenor’s Silence Waives Future Protest Grounds

Client Alert | less than 1 min read | 05.05.21

When is the deadline to file a bid protest, and what actions or inactions can cause potential future protest arguments to be waived?  These seemingly simple questions can have surprising answers.  In a recent bid protest decision, GAO held that a contract awardee can waive potential protest grounds by failing to raise them when intervening in a competitor’s bid protest of its award.  See VS2, LLC, B-418942.4, B-418942.5, Feb. 25, 2021, 2021 CPD ¶ --, 2021 WL 873343.  C&M’s Eric Ransom and Rob Sneckenberg explain the VS2 decision and provide useful takeaways for contract awardees in this “Feature Comment” published in The Government Contractor.

Insights

Client Alert | 3 min read | 04.22.26

Counterfeiting Litigation Targets Online Marketplaces

The landscape of counterfeiting litigation is shifting in ways that place online marketplace operators at the center of disputes from two directions. Brand owners are escalating efforts to hold platforms liable for counterfeit goods sold through their sites, while some marketplace operators have begun joining brand owners as co-plaintiffs to pursue counterfeiters directly. This dual role has significant implications for how platforms manage their legal exposure and their relationships with brand owners....