Separate CAS Noncompliances May Get Separate SOL
Client Alert | 1 min read | 01.22.14
In Appeal of Fluor Corp., the ASBCA held that the government's claim relating to an alleged CAS 403 noncompliance "was a continuing claim inherently susceptible to being broken down into a series of independent distinct events," namely, each payment by the government for a CAS-non-compliant billing. Thus, the board held that, under the CDA's statute of limitations, the government "knew or should have known" that it had a claim against the contractor as of the date the compliance audit was completed (for amounts paid before that date), but that claims for the same alleged CAS noncompliance in subsequent years would not accrue until the amounts at issue for those years had been billed and paid, a result that may save some government claims from the CDA's 6-year SOL (previously discussed here, here, here, here, and here).
Insights
Client Alert | 5 min read | 05.30.25
On May 22, 2025, the U.S. Department of Justice and the Federal Trade Commission (the “U.S. Antitrust Agencies”) filed a Statement of Interest supporting thirteen states’ claims that asset managers violated antitrust and consumer protection law through their environmental, social, and governance (“ESG”) activities. The Statement, which opposes the asset managers’ motion to dismiss the antitrust claims, indicates the federal antitrust agencies support antitrust theories favored by anti-ESG activists, which may lead to federal investigations and lawsuits based on such theories.
Client Alert | 1 min read | 05.30.25
Client Alert | 4 min read | 05.28.25
Federal Environmental Justice Compliance: The 180-Degree Change
Client Alert | 5 min read | 05.28.25
