One Employee's Fraud Bars Company's Monetary Claim
Client Alert | 1 min read | 07.19.16
In Laguna Constr. Co. v. Carter (July 15), the Federal Circuit denied Laguna’s claim seeking $2.9 million in unpaid invoices because an employee pled guilty to accepting subcontract kickbacks in Iraq – fraudulent conduct that the court imputed to the company and ruled was a breach of the “Allowable Cost and Payment” clause. The court ruled that the ASBCA had jurisdiction to rule on the government’s affirmative defense of “prior material breach” that was based on a fraud conviction, that this affirmative defense does not require a separate CO final decision per Maropakis, and that the contractor’s fraud-based breach excused the government’s subsequent breach (failure to pay for the completed and invoiced work) – a reminder to contractors of the importance of ethics training and monitoring.
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Client Alert | 7 min read | 09.08.25
California’s Climate Disclosure Laws Continue to Roll Forward
In 2023, California passed two landmark laws—SB 253, the Climate Corporate Data Accountability Act; and SB 261, the Climate-Related Financial Risk Act—that will require large public and privately-held entities doing business in California to comply with sweeping disclosure requirements regarding their direct and indirect greenhouse gas emissions and their climate-related financial risks. California subsequently passed SB 219, which updated certain deadlines and requirements of the laws (collectively, the “Climate Disclosure Laws”).
Client Alert | 3 min read | 09.08.25
RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
Client Alert | 3 min read | 09.04.25
Client Alert | 2 min read | 09.03.25
