"Should Have Known" Standard Applied to CDA Statute of Limitations
Client Alert | 1 min read | 02.28.13
In what seems likely to be a major landmark in the evolving interpretation of the CDA statute of limitations, the ASBCA has held that the statute began to run in 1999, when a DCMA price analyst had all the information the government needed to recognize that it had a claim for an alleged CAS violation, even though the responsible CO may not have been aware of the claim until an audit report was issued in 2006. The ASBCA held that, in the absence of any evidence of trickery or concealment, the government "should have known" that it had a claim based on the contractor's 1999 cost proposal that appeared to be inconsistent with its disclosed accounting practice and that the government could not unilaterally extend the statute of limitations by failing to perform an audit that put the CO on actual notice that there might be a claim.
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
