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Strong Mitigating Factors Trump Debarment

Client Alert | less than 1 min read | 07.30.07

In Canales v. Paulson (D.D.C. July 16, 2007, https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv1330-47), the federal district court overturned a Treasury Department debarment from government contracting on the ground that the debarring official did not explain reasons for debarment in the face of strong mitigating factors (spotless record before the offense; five years since the incident; extensive business with the government in the interim; misdemeanor conviction) presented to him at the debarment proceeding.

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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.  ...