DOJ Has No Right to Challenge Board Decision Under Contractor’s Wunderlich Act Suit
Client Alert | 1 min read | 07.27.15
Continuing the long-running saga that has already bounced between the ASBCA and the courts for twelve years concerning a non-appropriated fund contract under which SUFI installed telephones in Air Force lodgings at bases in Germany (and has been represented by C&M), the CFC in its latest decision in SUFI Network Servs., Inc. v. U.S. (July 21, 2015) held that the government has no independent right to use SUFI's earlier court challenge under the Wunderlich Act to complain of the decisions of the ASBCA on remand. The CFC dismissed the action with prejudice, with the stated "expectation" that DOJ will instruct the NAFI to pay SUFI the ASBCA's award of an additional $113 million, with interest as provided by agreement, but, if past is prologue, a more reasonable expectation may be that DOJ will appeal to the Federal Circuit.
Insights
Client Alert | 3 min read | 05.12.25
EU Retaliatory Trade Measures Against the U.S. – Public Consultation
On 8 May 2025, the European Commission published new lists of products potentially subject to EU rebalancing measures in retaliation to U.S. tariffs. The proposed measures would apply if EU-U.S. trade negotiations fail. They are designed to stand alongside previously adopted EU countermeasures, which are currently suspended until 14 July 2025.
Client Alert | 2 min read | 05.09.25
FDA Seeks Stakeholder Consultation on Prescription Drug User Fee Reauthorization
Client Alert | 2 min read | 05.09.25
New SF-328 for Foreign Ownership, Control, and Influence Assessments Approved, Publication Imminent
Client Alert | 4 min read | 05.08.25