Speak Now Or Forever Hold Your Claims
Client Alert | 1 min read | 02.28.19
The ASBCA in the reconsideration of Parsons Evergreene LLC, ASBCA No. 58634, stated that “the failure to argue alternative theories has consequences” and that it is not “the Board’s obligation to search the record for evidence of quantum to meet PE’s burden of proof.” In the entitlement and quantum decision on the Triarch issue, the Board held that while PE was entitled to recover the cost of applying Sherwin Williams paint, it could not determine the amount owed. In reconsideration, PE pointed the Board to documents in the record that would support a quantum calculation. The Board denied PE’s request stating that it would not grant reconsideration resulting from a new argument based on evidence in the record but not presented in PE’s post-hearing brief. Similarly, the Board denied PE’s request to reconsider its REA preparation claim because PE failed to present an argument or direct the Board to any evidence to support its claim that the REA preparation costs were incurred in furtherance of negotiations.
Insights
Client Alert | 3 min read | 04.22.24
In the latest sign that federal enforcers remain focused on increasing antitrust enforcement, last Thursday, the Justice Department (DOJ), Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) revealed an online portal, HealthyCompetition.gov, to encourage the public to submit reports on potential anticompetitive and monopolistic conduct in the healthcare sector. The initiative seeks to address concerns that such behavior may affect healthcare affordability and quality, and employee wages.
Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
Client Alert | 4 min read | 04.18.24
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing