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Trust Us: Rescinded Gov't Claims Rendered Appeals Moot, Absent Evidence That Gov't Intends to Reassert

Client Alert | less than 1 min read | 05.19.16

In L-3 Commc’ns (Apr. 25, 2016), the ASBCA dismissed as moot the appeals of two final decisions that the contractor had argued were barred by the CDA statute of limitations when the cognizant ACOs rescinded the final decisions after the contractor had appealed. The board held that, although the COs had not yet agreed to settle the claims or provide any assurance that the claims would not be reasserted in the future, COs are presumed to act in good faith, and, without evidence of contrary intent, there was no reason not to “trust” that the claims will not be reasserted.

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Client Alert | 6 min read | 11.25.25

Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules

On November 13, 2025, the president of the French-speaking Brussels Enterprise Court ruled in the long-running battle between Sandoz and Regeneron about the correct interpretation of the EU’s Supplementary Protection Certificate (SPC) Manufacturing Waiver Regulation regarding exports to a non-EU market. The Brussels Court dismissed Regeneron’s claim that Sandoz had provided a defective notification and agreed with Sandoz’s interpretation of the Regulation....