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Court Re-Affirms Rule On CDA Interest

Client Alert | less than 1 min read | 11.14.06

In Information Int'l Assocs., Inc. (October 31, 2006) the Court of Federal Claims re-affirmed that interest on amounts found due based on a contractor's properly submitted CDA claim begins to run when the claim is submitted, even on costs the contractor does not incur until after claim submission. The Court observed that the CDA "sets a single, red-letter date for interest on all amounts found due by a court without regard to when the contractor incurred the costs" and noted that, when setting the date, "Congress was concerned with fully compensating contractors for additional costs incurred in continuing performance under a contract."

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Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...

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