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Subs: Don't Forget The Disputes Clause

Client Alert | less than 1 min read | 07.06.05

The subcontractor in Alpine Computers, Inc. (ASBCA June 22, 2005), learned the hard way that a sub should make sure its contract with the prime makes it mandatory for the prime to sponsor its good-faith claim against the government. When the prime went belly up after the Army suspected fraud and defaulted it, the sub found it could not sue the Army to pay for product it had delivered to the Army when the prime did not sponsor its claim.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....