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Contractor Gets "Second Bite" When Final Decision Reconsidered

Client Alert | less than 1 min read | 08.03.15

In LRV Envtl., Inc. (July 14, 2015), the ASBCA found that "reconsideration" of a CO's final decision resets the 90-day clock for a CDA appeal. The CO had issued a final decision, but subsequently reconsidered a portion of it on its own motion, leading the board to conclude that "the decision was not truly final" prior to the reconsideration and so the contractor's 90-day appeal window ran from the latter decision.


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Client Alert | 5 min read | 07.28.26

Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks

The rapid buildout of AI infrastructure has placed data centers at the heart of a new and expanding wave of class action litigation. Over the past several months, plaintiffs’ firms with significant experience in mass tort and environmental class actions have begun recruiting plaintiffs and filing lawsuits against data center operators, alleging that noise generated by their facilities — from cooling systems, diesel generators, and HVAC equipment — constitutes a public and private nuisance and reflects actionable negligence. Companies currently operating or constructing data centers near residential communities should treat this as a material and growing legal risk....