SUPREME COURT EXPANDS THE DELIBERATIVE PROCESS EXEMPTION TO THE FREEDOM OF INFORMATION ACT

The Supreme Court narrowed the category of documents that must be released in response to a Freedom of Information Act (“FOIA”) request.  United States Fish and Wildlife Serv. V. Sierra Club, Inc., 141 S. Ct. 777 (2021).  The Court held that FOIA’s deliberative...

Court of Federal Claims Has Jurisdiction Over Implied-in-Fact Contract To Fairly and Honestly Consider An Offeror’s Proposal

The Federal Circuit recently held that the Court of Federal Claims has jurisdiction over a claim that the government breached an implied-in-fact contract to fairly and honestly consider an offeror’s proposal in the procurement context.  This was a question that had...