The Civilian Board of Contract Appeals (“CBCA” or the “Board”) recently issued a stark reminder that discovery misconduct can be case-dispositive. In Venergy Group, LLC v. Department of Veterans Affairs, the Board dismissed a contractor’s $4.2 million affirmative claim after finding that financial statements produced during discovery had been intentionally manipulated to support larger
August 2026
European Defense After the NATO Summit
Executive Summary
There were a few key takeaways from the 2026 NATO Summit in Ankara, where Covington was present:
- Industrial collaboration boost: Introduced a “Front Door for Industry” to streamline engagement and procurement processes.
- “Made in NATO”: Aims to foster industrial cooperation and ensure nondiscrimination across the Alliance. For non-EU firms, this will help balance
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SBA Proposes Overhaul of Size Standards That Would Reclassify Tens of Thousands of Contractors as “Small”
On August 20, 2026, the U.S. Small Business Administration (“SBA”) issued a proposed rule that would reset small-business size standards across the economy and a companion white paper proposing a new methodology for calculating them. The proposed rule—Small Business Size Standards, 91 Fed. Reg. 53,741—would establish new size standards for 338 industry groups…
Connecticut Attorney General Settles with TaxAct Over Sharing Taxpayer Data
On August 19, 2026, Connecticut Attorney General William Tong announced a $275,000 settlement with online tax preparation company TaxAct over allegations that the company improperly disclosed taxpayer information to advertising partners through third-party tracking technologies on its website. The Attorney General alleged that, between January 2018 and December 2022, TaxAct used third-party tracking technologies for…
FCC Seeks Public Comment on Improving Spectrum Access for Commercial Space Launch and Reentry Operations
Earlier this week, on August 25, 2026, the Federal Communications Commission (“FCC”) issued a Public Notice seeking public comment on how the agency might increase and improve spectrum access for commercial space launch and reentry activities. The Public Notice follows through on a directive in the Trump Administration’s National Space Transportation Policy memorandum issued last…
Middle East Hot Topics 2026 Mid-Year Review
This alert discusses hot topics and enforcement trends that have made an impact across the Middle East region in the first half of 2026, and signals developments to watch by the end of the year, with a focus on Compliance (Anti-Bribery and Corruption, Anti-Money Laundering, Sanctions, Data Protection), Foreign Direct Investments, Competition, Employment, and ESG.…
ROGON and RRC Sports: The EU’s Top Court vindicates a pragmatic application of the antitrust sporting exemption to players’ agent regulations
Introduction
In the space of just one week, the EU’s top court, the European Court of Justice (“ECJ”), delivered two important judgments that clarify the scope of sport rule-making activities that can benefit from an antitrust exemption: the ROGON judgment on 9 July 2026, and the much more detailed RRC Sports judgment on 16 July…
From Diarra to FIFA’s New Player Transfer System: How EU Law is Reshaping Football’s Transfer Rules and Governance
For more than twenty years, FIFA’s Regulations on the Status and Transfer of Players (“RSTP”) have sought to balance the stability of football teams with player mobility. That balance was fundamentally challenged by the European Court of Justice (“ECJ” or the “Court”) in Case C-650/22 FIFA v Diarra (“Diarra”).
Less than two years…
California Court Issues a Preliminary Injunction Stopping Enforcement of SB 343, “Truth in Recycling”
On July 14, 2026, U.S. District Judge William Q. Hayes granted a motion for preliminary injunction barring California Attorney General Rob Bonta and the State of California from enforcing SB 343, California’s “Truth in Recycling” law, while the litigation proceeds. The order is significant not merely because it pauses a major labeling regime shortly…
FCC Narrows Covered List Definition of “Power Inverters” and Clarifies Meaning of “Foreign-Produced”
Yesterday, following a second National Security Determination from the Department of War (“DoW”), the Federal Communications Commission (“FCC”) clarified the scope of its ban on foreign-produced “power inverters,” a category of devices added to the FCC’s “Covered List” in late July. This new determination revises and narrows the definition of power inverters to more…