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"Should Have Known" Standard Applied to CDA Statute of Limitations

Client Alert | 1 min read | 02.28.13

In what seems likely to be a major landmark in the evolving interpretation of the CDA statute of limitations, the ASBCA has held that the statute began to run in 1999, when a DCMA price analyst had all the information the government needed to recognize that it had a claim for an alleged CAS violation, even though the responsible CO may not have been aware of the claim until an audit report was issued in 2006. The ASBCA held that, in the absence of any evidence of trickery or concealment, the government "should have known" that it had a claim based on the contractor's 1999 cost proposal that appeared to be inconsistent with its disclosed accounting practice and that the government could not unilaterally extend the statute of limitations by failing to perform an audit that put the CO on actual notice that there might be a claim.


Insights

Client Alert | 6 min read | 03.11.26

Senate Advances Bipartisan Health Care Cybersecurity Reform

On February 26, 2026, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted 22-1 to advance the Health Care Cybersecurity and Resiliency Act of 2026. Sponsored by a bipartisan group — led by HELP Committee Chair Senator Bill Cassidy (R-LA); and Senators Mark Warner (D-VA), Maggie Hassan (D-NH), and John Cornyn (R-TX) — the bill represents perhaps the most significant federal legislative effort to overhaul health care cybersecurity since the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act in 2009, and would compel health care companies to make major investments in cybersecurity....