For Whom Does the Appeal Clock Toll? Vitiation vs. Finality
Client Alert | 1 min read | 01.12.16
In Guardian Angels Med. Serv. Dogs Inc. v. U.S. (Jan. 8, 2016), the Federal Circuit held that a CO's request to evaluate additional information after a default termination "vitiated the finality" of the termination and reset the 12-month appeal clock, even though the CO neither received new information nor spent any time reconsidering her decision. Reversing the CFC's dismissal of the appeal as time-barred, the court held that, when a CO "evince[s] a clear willingness to consider additional evidence," the appeal period begins anew, rather than merely being suspended, and explained that "whether the contracting officer 'spends time' considering the request is not the proper standard."
Insights
Client Alert | 3 min read | 05.06.24
FTC Imposes $3.17 Million Civil Penalty for Violation of Prior Made in USA Order
Last week, based on a referral from the Federal Trade Commission (“FTC”), the Department of Justice (“DOJ”) filed a complaint against Williams-Sonoma alleging that the company violated a previous Federal Trade Commission decision and order dated July 13, 2020 (the “2020 Order”) pursuant to which Williams-Sonoma was prohibited from making unsubstantiated U.S. origin claims. The complaint alleged that, following entry of the 2020 Order, Williams-Sonoma made “numerous false and unsubstantiated representations that their home goods or other products are ‘Made in USA’ or otherwise of U.S. origin, when, in fact, they are wholly imported or contain significant imported components.”
Client Alert | 14 min read | 05.03.24
Client Alert | 3 min read | 05.03.24
EEOC’s New “Enforcement Guidance on Harassment in the Workplace” Hits Hot-Button Issues
Client Alert | 11 min read | 05.03.24
FDA Moves Forward on Laboratory Developed Tests while Stakeholders and Congress Weigh Next Steps
