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Claim Accrues Before an Impasse

Client Alert | 1 min read | 09.28.11

In Sys. Dev. Corp v. McHugh (Fed. Cir., Sept. 26, 2011), the Federal Circuit rebuffed a contractor’s attempt to save its claim for equitable adjustment from the six-year statute of limitation by arguing that, because it was combined with a termination proposal, the claim did not accrue until they had reached an impasse on the termination.  This puts contractors at risk for losing claims that they might, for business or other reasons, initially decide not to pursue but might later want to advance, e.g., to combat a loss ratio application in a termination setting.

Insights

Client Alert | 3 min read | 12.13.24

New FTC Telemarketing Sales Rule Amendments

The Federal Trade Commission (“FTC”)  recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR. ...