No Recovery Under EAJA for Employee’s Costs Working on an Appeal
Client Alert | less than 1 min read | 02.28.20
In GSI & Whitesell-Green JV (Jan. 30, 2020), the Armed Services Board of Contract Appeals denied a contractor’s request for Equal Access to Justice Act fees that reflected its employees’ costs of supporting the entitlement appeal. The Board rejected the contractor’s argument that its employees’ costs were similar to attorney’s fees finding support in Fanning Phillips, Molnar v. West, 160 F.3d 717 (Fed. Cir. 1998), which held that EAJA did not cover costs related to a contractor employees’ “personal absence from a business” or “other expenses” or “time spent [as] an ‘expert witness.’”
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Client Alert | 5 min read | 04.01.26
OPO Hospital Waiver Litigation: Trends and Takeaways
Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.
Client Alert | 7 min read | 04.01.26
Client Alert | 5 min read | 03.31.26
Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
Client Alert | 5 min read | 03.30.26
Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
