Nyet: Board Finds Insufficient Evidence to Grant Summary Judgment on SOL Grounds
Client Alert | less than 1 min read | 07.06.16
In Kellogg Brown & Root Servs., Inc. (June 16, 2016), the ASBCA denied KBR’s motion for summary judgment regarding two government demands for repayment of alleged overcharges that KBR argued were barred by the CDA’s six-year statute of limitations. Citing Sikorsky, the board held that, even though KBR had presented numerous documents to show that the government was made aware of its challenged practices more than six years before the final decisions, the documents themselves (without more) failed to establish undisputed material facts sufficient to meet the post-Sikorsky burden of proof in light of the government’s opposing evidence.
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Client Alert | 7 min read | 06.24.26
On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch.
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