Be Certain of The Sum Certain
Client Alert | less than 1 min read | 12.04.07
The ASBCA in Rex Systems, Inc. (Nov. 6, 2007), gave a painful reminder that, without a sum certain stated in a claim, it has no jurisdiction. After over two years of litigation in the appeal, the government raised in its post-trial brief that the claim, which requested a 15% license fee "at a minimum," does not state a sum certain, and the board agreed, dismissing the appeal at that stage.
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Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
