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Claim Accrues Before an Impasse

Client Alert | 1 min read | 09.28.11

In Sys. Dev. Corp v. McHugh (Fed. Cir., Sept. 26, 2011), the Federal Circuit rebuffed a contractor’s attempt to save its claim for equitable adjustment from the six-year statute of limitation by arguing that, because it was combined with a termination proposal, the claim did not accrue until they had reached an impasse on the termination.  This puts contractors at risk for losing claims that they might, for business or other reasons, initially decide not to pursue but might later want to advance, e.g., to combat a loss ratio application in a termination setting.

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Client Alert | 3 min read | 04.23.24

DOJ Promises NPAs to Certain Individuals Through New Voluntary Self-Disclosure Pilot Program

On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department. ...