Don’t Sleep on Discovery, It Could Yield Basis for New Claim
Client Alert | 1 min read | 03.04.19
In Amec Foster Wheeler Environment & Infrastructure, Inc., CBCA 5168, 6298 (Feb. 29, 2019), the CBCA denied the government’s motion for partial dismissal, which alleged that Amec’s superior knowledge and negligent estimate claims were either “barred by the statute of limitations or insufficiently plead.” Amec alleged that it first learned the basis for its claims during discovery in appeal CBCA 5168, and it could not have known the basis for them before then. The government argued that Amec should have known of those grounds shortly after award when Amec realized the “quantities and descriptions in the contract were radically incorrect.” The Board rejected the government’s position that the “contractor should consider asserting every conceivable legal theory of relief as soon as it encounters an unforeseen condition.” The Board also disagreed with the government that it was clear that the contract specifications were not misleading and thus Amec’s claims were insufficiently plead. The Board noted that there were a “myriad” of technical issues and that although the government’s “factual defense may prevail at the hearing,” it was inappropriate for the Board to decide it on a motion for partial dismissal.
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Client Alert | 3 min read | 03.12.26
DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy
On March 10, 2026, the Department of Justice released the first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Department-wide CEP” or “Policy”), which applies to all non-antitrust corporate criminal cases across the Department. The new policy has been anticipated since December 2025, when Deputy Attorney General Todd Blanche announced the Department’s plans to release a new, single corporate enforcement policy for all criminal matters. According to the Department, the new policy is designed to “help ensure consistency across the Department” and “transparently describe the Department’s policies and decisionmaking.”
Client Alert | 3 min read | 03.12.26
Client Alert | 2 min read | 03.11.26



