NAFI Contractor Goes Straight to Court When CO Fails to Issue Final Decision
Client Alert | less than 1 min read | 01.24.12
In SUFI Network Servs., Inc, v. U.S. (Jan.17, 2012), the Court of Federal Claims denied the government’s motion to dismiss for lack of jurisdiction, relying on the Federal Circuit’s decision in Slattery v. U.S., 635 F.2d 1298, 1321 (Fed. Cir. 2011) (en banc), that the court has Tucker Act jurisdiction over all NAFI disputes. The court also found, in this non-CDA matter, that the CO had materially breached the contract’s Disputes clause by failing to provide a final decision on SUFI’s claim within a reasonable time, excusing SUFI from going to the board first, as the clause specified.
Contacts
Insights
Client Alert | 7 min read | 08.17.26
Delayed Notification of Cyberattacks May Trigger HIPAA Breach Notification Rule
After identifying a ransomware attack in 2021, OSF Healthcare System waited until its forensic investigation had concluded before notifying the U.S. Department of Health and Human Services (HHS) — and the affected individuals — of the breach. The 110-day delay (nearly double the 60-calendar-day notification deadline mandated by the HIPAA Breach Notification Rule) triggered an investigation from HHS’s Office for Civil Rights (OCR). The health system’s investigation determined that protected health information (PHI) had been stolen.
Client Alert | 4 min read | 08.14.26
License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
