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Court of Federal Claims Permits Affordable Care Act "Risk Corridors" Case to Proceed

Client Alert | less than 1 min read | 12.02.16

In Maine Community Health Options v. U.S. (Dec. 2, 2016) the CFC held that the “existence of separate, active cases” whose outcomes will impact the issues raised by a plaintiff fails to meet the Government’s burden to justify a stay of litigation under Federal Circuit precedent. Plaintiff Maine Community Health Options (represented by C&M) is one of 13 health insurers who have filed suit against the Government under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act.

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Client Alert | 1 min read | 04.18.24

GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings

On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS).  Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:...