Board Finds Liability For Constructive Receipt of Pension Plan Assets at Plan Merger
Client Alert | 1 min read | 06.18.07
Determining entitlement on an appeal by ICI Americas, Inc. (May 23, 2007), of an Army claim for $80 million in surplus pension assets, the ASBCA held that (1) until a contractor “receives” (meaning “to take possession or delivery of”) money, the government has no basis for recovery of a credit under the credits clause, FAR 31.201-5; (2) where no pension costs are paid under a particular contract subject to FAR 31.205-6(j), but not subject full CAS coverage, the CAS 413.50(c)(12) segment closing provisions are not applicable to the contract through FAR 31.205-6(j); (3) a contractor constructively receives pension assets through a pension plan merger and must in accordance with FAR 31.205-6(j)(4), Termination of Defined Benefit Pension Plans, refund the government the equitable portion of any overfunding; and (4) the Board could admit expert reports and testimony that included interpretative material on CAS, affording appropriate weight to such interpretations."
Insights
Client Alert | 6 min read | 03.18.26
CFTC Takes Additional Steps Toward Prediction Market Regulation: What You Need to Know
On March 12, 2026, the U.S. Commodity Futures Trading Commission (CFTC) took formal steps toward establishing additional regulations for prediction markets. The agency issued an Advanced Notice of Proposed Rulemaking (ANPRM) soliciting public input on potential new rules, and separately, released staff guidance outlining its views on how existing rules apply to prediction market platforms currently in operation. These developments signal a significant shift in the regulatory landscape for an industry that has grown rapidly over the past year.
Client Alert | 4 min read | 03.18.26
Client Alert | 4 min read | 03.18.26
Client Alert | 9 min read | 03.18.26
The Belgian Competition Authority's 2026 Priorities: What In-House Counsel Need to Know
