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Government Charged With Knowledge of Unapproved Subcontractors Listed on Invoices

Client Alert | 1 min read | 10.02.19

In URS Federal Services, Inc. (Sept. 3, 2019), the ASBCA found on summary judgment that the government’s 2017 claim to recover $698,685 in allegedly unallowable direct subcontractor costs was time-barred by the CDA’s six-year statute of limitations because the claim accrued in 2006, when the government paid URS’s invoices that included those costs. In arguing that it could only have “known” about the basis of its claim in 2012 when URS resubmitted its final indirect cost rate proposal for FY 2006, the government alleged that URS: (1) failed to receive contractual approval to subcontract, and (2) lacked adequate documentation (now) demonstrating that the costs at issue were incurred and allocable to the contract. Regarding the first basis, the Board found that the invoices listing the allegedly unapproved subcontractors demonstrated the government had knowledge that URS was using them when the government paid the invoices. The Board declined to grant summary judgment on the documentation issue. 

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Client Alert | 3 min read | 11.13.26

Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief

A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy. ...