Top Government Contracting Decisions of 2026: Midyear Report

Government Contracts attorney Jeremy Burkhart was quoted in Law360 reviewing noteworthy government contracts decisions and settlements during the first half of 2026. Among the developments covered were U.S. Supreme Court rulings addressing contractor liability and immunity defenses, U.S. Court of Federal Claims decisions involving bid protests and proposal evaluations, and enforcement trends under the False Claims Act (FCA). The article also discussed recent U.S. Court of Appeals for the Federal Circuit decisions affecting procurement protests, including a ruling that clarified the standard for challenging agency decisions to continue contract performance during a protest before the U.S. Government Accountability Office (GAO). Mr. Burkhart talked about the outcome's significance within the bid protest landscape as well as its implications for future litigation involving procurement disputes.

"The takeaway from this case is that agency overrides of [Competition in Contracting Act] stays are going to be even less rare than they already are. Before the decision, overrides were pretty rare, and after the decision, I think there's even less incentive to go down that road," he said.

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