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Contractor Must Actually Receive Final Decision To Start The Clock

Client Alert | less than 1 min read | 05.20.05

The Federal Circuit in Riley & Ephriam Constr. Co. (May 18, 2005) emphasized that the Contract Disputes Act requires actual delivery of the final decision to the contractor or its designated agent before the time to file an appeal at the board or a case in the Court of Federal Claims starts to run. In this case, the Federal Circuit rejected as "receipt" by the contractor both delivery to a P.O. box and a fax transmission sheet to the contractor's attorney when receipt of the fax was denied and the CO did not follow up to confirm receipt personally.

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Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....