Tucker Act Reaches More NAFIs Than Many Thought
Client Alert | less than 1 min read | 02.02.11
In a 6-4 en banc decision, the Federal Circuit in Slattery v. U.S. (Jan. 28, 2011) has overruled significant contrary precedent and explained that the Tucker Act provides jurisdiction to sue non-appropriated funds instrumentalities of the government, irrespective of their funding source and whether or not they are listed explicitly in the act (such as the military exchanges have been since the 1970 amendments). Judgments in such cases will be paid from the Judgment Fund.
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Client Alert | 2 min read | 07.15.26
CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights.
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
Client Alert | 3 min read | 07.13.26
Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine
