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Claim Accrues Before an Impasse

Client Alert | 1 min read | 09.28.11

In Sys. Dev. Corp v. McHugh (Fed. Cir., Sept. 26, 2011), the Federal Circuit rebuffed a contractor’s attempt to save its claim for equitable adjustment from the six-year statute of limitation by arguing that, because it was combined with a termination proposal, the claim did not accrue until they had reached an impasse on the termination.  This puts contractors at risk for losing claims that they might, for business or other reasons, initially decide not to pursue but might later want to advance, e.g., to combat a loss ratio application in a termination setting.

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Client Alert | 3 min read | 05.06.24

FTC Imposes $3.17 Million Civil Penalty for Violation of Prior Made in USA Order

Last week, based on a referral from the Federal Trade Commission (“FTC”), the Department of Justice (“DOJ”) filed a complaint against Williams-Sonoma alleging that the company violated a previous Federal Trade Commission decision and order dated July 13, 2020 (the “2020 Order”) pursuant to which Williams-Sonoma was prohibited from making unsubstantiated U.S. origin claims. The complaint alleged that, following entry of the 2020 Order, Williams-Sonoma made “numerous false and unsubstantiated representations that their home goods or other products are ‘Made in USA’ or otherwise of U.S. origin, when, in fact, they are wholly imported or contain significant imported components.”...