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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.


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Client Alert | 3 min read | 09.13.24

SEC Disbands its Climate and ESG Enforcement Task Force

The Securities and Exchange Commission (SEC) has reportedly recently dissolved its Climate and ESG Enforcement Task Force (the Task Force). The Task Force was part of SEC Chair Gary Gensler’s broader push to increase investors’ access to environmental, social, and governance (“ESG”) information about public companies and registered investment companies. The dissolution of the Climate and ESG Enforcement Task Force comes after three years marked by industry resistance and a mixed record in the courts. Prior to the Task Force’s dissolution, the agency removed ESG from its annual Examination Priorities Report, which provides areas of particular focus during SEC examinations. While the Task Force has been dissolved, the SEC is still pursuing a number of its proposed ESG and climate-related rules....

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