DOD Required to Reimburse Pension Cost Deficit
Client Alert | 1 min read | 07.18.12
In Raytheon Co. v. U.S. (July 16, 2012), the Court of Federal Claims awarded Raytheon $59.2 million for the "segment closing adjustment" required by CAS 413 to cover unreimbursed pension costs in two business units sold by Raytheon in 2001 and 2002, finding on virtually every contested issue that the calculation of Raytheon's expert actuarial witness was reasonable and that the government's expert had not carried the burden of proving that the Raytheon calculations were noncompliant with CAS. In addition, effectively reversing a prior decision in Raytheon Co. v. U.S., 96 Fed. Cl. 548 (2011), and addressing an issue that will have potentially broader implications beyond CAS 413 segment closing cases, the court found that Raytheon's agreement to the standard form novation language under which the seller "waives" all claims against the Government on novated contracts did not result in a waiver of the CAS 413 segment closing claim on several grounds.
Insights
Client Alert | 4 min read | 07.02.25
Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies.
Client Alert | 4 min read | 07.02.25
Client Alert | 3 min read | 07.02.25
USPTO's Upcoming Changes to the Accelerated Examination Program
