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Claim Precluded When Not Raised in Earlier Litigation

Client Alert | less than 1 min read | 10.31.12

In Bowers Inv. Co. v. U.S. (Oct. 15, 2012), the Federal Circuit held that a contractor, by not raising it in a previously litigated claim, was foreclosed from arguing an alternative theory for relief separately certified but arising out of the same transaction. The court's broad language that there is a "presumption that all claims arising from the same contract should be brought together" could be seized upon by the government when contractors file multiple claims under a single contract.


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Client Alert | 2 min read | 09.18.25

FDA Announces Intention to Initiate an Aggressive Enforcement Campaign Against Misleading Pharmaceutical Advertising

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”...