DOD Required to Reimburse Pension Cost Deficit
Client Alert | 1 min read | 07.18.12
In Raytheon Co. v. U.S. (July 16, 2012), the Court of Federal Claims awarded Raytheon $59.2 million for the "segment closing adjustment" required by CAS 413 to cover unreimbursed pension costs in two business units sold by Raytheon in 2001 and 2002, finding on virtually every contested issue that the calculation of Raytheon's expert actuarial witness was reasonable and that the government's expert had not carried the burden of proving that the Raytheon calculations were noncompliant with CAS. In addition, effectively reversing a prior decision in Raytheon Co. v. U.S., 96 Fed. Cl. 548 (2011), and addressing an issue that will have potentially broader implications beyond CAS 413 segment closing cases, the court found that Raytheon's agreement to the standard form novation language under which the seller "waives" all claims against the Government on novated contracts did not result in a waiver of the CAS 413 segment closing claim on several grounds.
Insights
Client Alert | 2 min read | 07.15.26
CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights.
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
Client Alert | 3 min read | 07.13.26
Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine
