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Be Certain of The Sum Certain

Client Alert | less than 1 min read | 12.04.07

The ASBCA in Rex Systems, Inc. (Nov. 6, 2007), gave a painful reminder that, without a sum certain stated in a claim, it has no jurisdiction. After over two years of litigation in the appeal, the government raised in its post-trial brief that the claim, which requested a 15% license fee "at a minimum," does not state a sum certain, and the board agreed, dismissing the appeal at that stage.

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Client Alert | 6 min read | 03.06.26

Tri-Agencies Release Fourth Mental Health Parity Report to Congress

On March 3, 2026, the Department of Labor (DOL), Department of Health and Human Services (HHS), and Department of the Treasury (TREAS) — collectively, the “Tri-Agencies” — published their fourth annual report to Congress on enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA). The 2025 Report demonstrates a shift in approach by the Tri-Agencies in its tone and content and suggests that federal regulators, and the DOL in particular, are not as active as they previously were in MHPAEA enforcement. However, federal enforcement remains ongoing, and state enforcement of mental health parity laws continues to grow. Plans and issuers must continue to maintain comprehensive compliance processes and documentation for MHPAEA compliance....