New Guidance Allows Limited Role for DCAA Audit of Non-DOD Contracts
Client Alert | 1 min read | 02.04.16
The 2016 National Defense Authorization Act prohibits the Defense Contract Audit Agency from providing "audit support" to any non-DOD agency until the Secretary of Defense certifies that DCAA has reduced its backlog of incurred cost audits to 18 months or less, a restriction that could cause some disruption for contractors when DOD contracts are not a majority of the contractor's government work and when audit support has been provided by DCAA in the past. On January 7, 2016, DCAA issued guidance to its auditors that appears to limit the prohibition on "audit support" to incurred cost audits, leaving DCAA auditors free to provide other accounting services to non-DOD agencies, specifically permitting DCAA to perform incurred cost audits that include both DOD and non-DOD contracts when auditors determine that inclusion of the non-DOD contracts involves "de minimis" incremental effort by DCAA, and offering guidance about how to handle such "mixed" audits when the non-DOD contracts will create more than "de minimis" incremental effort.
Insights
Client Alert | 8 min read | 06.06.25
Litigation Funding Reforms: Clarity for UK Funders and Litigants Post-PACCAR
On 2 June 2025 the Civil Justice Council (a UK public body that advises on civil justice and civil procedure) (“CJC”) issued its Review of Litigation Funding Final Report (the “Report”). The CJC has provided comprehensive recommendations on the regulation and reform of litigation funding in England and Wales. The highlight recommendation of the Report is for the UK Government to remove third party litigation funding from the regulations and requirements of the Damages-Based Agreements Regulations 2013 (“DBA Regulations”), reversing the judgment of the Supreme Court in PACCAR.[1] Meanwhile, the UK Court of Appeal has recently endorsed a position that the Competition Appeal Tribunal (“CAT”) may order that third party funders of collective proceedings be paid first from litigation proceeds before claimants according to waterfall provisions in their funding agreements.
Client Alert | 2 min read | 06.06.25
Supreme Court Dismisses Cert Petition On Uninjured Class Members As Improvidently Granted
Client Alert | 2 min read | 06.06.25
Client Alert | 2 min read | 06.06.25
USPTO Director Clarifies Burden on IPR Petitioners Relying on Prior Art Cited During Prosecution
