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TINA Threshold Raised but Broader Data Requests Likely

Client Alert | 1 min read | 10.05.10

Effective October 1, a "clarified" FAR regulation regarding compliance with the Truth in Negotiations Act raises the threshold for providing certified cost or pricing data from $650,000 to $700,000 for covered contract and subcontract awards and modifications. The new regulation, which the Civilian Agency Acquisition and Defense Acquisition Regulations Councils say merely contains clarifications and "neither expands nor diminishes the existing right of contracting officers to request cost or pricing data whether certified or other than certified" appears likely to precipitate expanded and more aggressive contracting officer requests for non-certified judgmental data, even when certified cost or pricing data are required, and, particularly with respect to "excepted" procurements for commercial items and services, for (non-certified) cost data.

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Client Alert | 4 min read | 10.14.25

Amici Urge SCOTUS to Walk Back Fourth Circuit Decision on Contributory Liability for Copyright Infringement

In Cox v. Sony, the US Supreme Court granted certiorari and will hear oral arguments this term. Cox seeks to overturn a decision by the US Court of Appeals for the Fourth Circuit that affirmed a billion-dollar judgment against Cox after a jury concluded that Cox was liable for contributory copyright infringement based on its users’ direct copyright infringement....