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It's All In The Name

Client Alert | less than 1 min read | 10.14.09

In Wackenhut Int'l, Inc. v. Dep't of State (Sept. 22, 2009), the Civilian Board of Contract Appeals ("CBCA") ;dismissed for lack of jurisdiction when the appellant's Contract Disputes Act claim and subsequent appeal to the CBCA were brought in the name of a single joint venture partner instead of the joint venture itself. The Board found that only the joint venture had privity of contract with the government and that that was altered neither by appellant's 51% ownership stake in the joint venture nor by appellant's obtaining written authorization to pursue the claim from its joint venture partner.

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Client Alert | 4 min read | 11.10.26

D.C. District Court Upholds CMS’s 2020 Organ Procurement Rule

It’s been about a month since the U.S. District Court for the Middle District of Florida upheld the Centers for Medicare and Medicaid’s (CMS) final rule governing organ procurement organizations (OPM). (See our previous Client Alert here.) The U.S. District Court for the District of Columbia followed suit. In contrast to the Florida decision, the D.C. decision was brief and to the point. The rule establishes a competitive model for classifying OPOs under the following three tiers. ...