1. Home
  2. |Insights
  3. |Board Wields Sanctions To Enforce CDA Subpoena Against DOJ

Board Wields Sanctions To Enforce CDA Subpoena Against DOJ

Client Alert | 1 min read | 08.01.06

In Mountain Valley Lumber, Inc. (July 18, 2006), the AGBCA dealt strongly with a Department of Justice refusal to produce documents (or even a privilege log) in response to a board-issued subpoena, ordering sanctions in the form of adverse inferences against the defendant Forest Service if DOJ did not comply within fourteen days. Examining both its inherent power to impose sanctions and its subpoena authority under the Contract Disputes Act, the Board rejected DOJ's argument that a federal agency is not a “person” subject to subpoena under the CDA, scuttled the DOJ suggestion that it was the final arbiter under the Touhy regs, and, observing that both DOJ and the Forest Service are part of the executive branch, shunted aside the Forest Service's argument that it would be unfair to sanction it for DOJ's refusal to comply with the subpoena.

Insights

Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....