CFC Blasts AF and DOJ for Vexatious Litigation
Client Alert | 1 min read | 10.31.16
In the latest decision in SUFI Network Servs., Inc. v. U.S. (Oct. 19, 2016), the CFC found SUFI (represented by C&M) to be entitled to litigation attorney’s fees and expenses under the Equal Access to Justice Act, under both the “bad faith, vexatious litigation” exception to the American Rule and the “small business” provisions, for the entire duration of the proceedings at the ASBCA, the CFC, and the Federal Circuit, which have lasted at this point over a dozen years. The CFC awarded fees at counsel’s full, current rates to account for vexatious conduct and delay and also found that the “special factors” of exceptional results and uniquely experienced counsel supported that same award.
Insights
Client Alert | 8 min read | 09.09.25
On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”
Client Alert | 12 min read | 09.09.25
Client Alert | 7 min read | 09.08.25
California’s Climate Disclosure Laws Continue to Roll Forward
Client Alert | 3 min read | 09.08.25
RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
