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Compounding The Problem

Client Alert | 1 min read | 09.24.10

On September 22, 2010, the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council issued a proposed rule that would amend the FAR to require compound, rather than simple, interest to be used in calculating damages for violations of the Truth in Negotiations Act (TINA). The proposal follows the problematic analysis in Gates v. Raytheon, 584 F.3d 1062 (Fed. Cir. 2009), which held that, because the Cost Accounting Standards (CAS) statute requires interest on cost impacts for CAS violations to be calculated at the rate established under 26 U.S.C. § 6621, the same rate referenced in the TINA statute, the interest must be compounded in accordance with 26 U.S.C. § 6622, even though the CAS statute does not refer to or incorporate § 6622 by reference.

Insights

Client Alert | 7 min read | 08.12.26

Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force

Of particular interest for investors with interests in Canada or the UAE, for counsel advising on treaty coverage, dispute strategy, or treaty design, the Canada-UAE FIPA is essential reading and the clearest evidence yet of where Canada's investment treaty practice stands over 30 years after NAFTA came into force....