Ignorance of The Law
Client Alert | 1 min read | 11.11.09
In what, fortunately, is not a precedential decision, in Teknowledge Corp. v. U.S. (Nov. 3, 2009), the Federal Circuit finds that the cost of software development effort is not allocable to Government business because there is no demonstrated "benefit" to the Government. While it is not clear, based on the facts reported in the decision, that the result would be different -- and as we have reported in a prior Bullet Point about the decision of the Court of Federal Claims in the same case -- neither party apparently pointed out to either court that FAR incorporates the requirements of CAS 420, which specifically addresses the allocation issue in the case and requires a different analysis than the "benefit to the Government" rationale that the courts applied.
Insights
Client Alert | 5 min read | 04.01.26
OPO Hospital Waiver Litigation: Trends and Takeaways
Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.
Client Alert | 5 min read | 03.31.26
Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
Client Alert | 5 min read | 03.30.26
Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
Client Alert | 5 min read | 03.30.26
Firewall Up: FCC Bars Foreign-Made Routers in New Covered List Update
