CFC Awards Full Fees for AF Breach
Client Alert | less than 1 min read | 10.24.13
In SUFI Network Servs., Inc. v. U.S. (Oct. 16, 2013), the CFC awarded SUFI, represented by Crowell & Moring, as breach damages its attorneys' fees and expenses for preparing claim packages that were later successfully litigated. Brushing aside the government's multiple challenges, the court found Crowell & Moring's fees and expenses to be reasonable and awarded them in full, plus interest as provided by agreement, but denied SUFI's request for an overhead and profit burden, finding that the client did not add "any material value" to the claim preparation efforts.
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After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.
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