Unfortunate Change To Settlement Fees And Costs Allowability Law
Client Alert | 1 min read | 05.21.09
Reversing the ASBCA decision in Tecom, Inc., ASBCA Nos. 53884 et al., 07-2 BCA ¶ 33,674 (Sept. 21, 2007), the Court of Appeals for the Federal Circuit holds in Geren v. Tecom, Inc., No. 2008-1171 (May 19, 2009), that legal fees and costs incurred in connection with settling a private action for employment discrimination unrelated to fraud will be allowable only if the contractor can establish that the private plaintiff had very little likelihood of success on the merits. This ruling, which will be discussed next week at Crowell & Moring's OOPS conference, will greatly complicate the determination of allowable costs and place the responsible government contracting officer in the difficult position of second-guessing each settlement decision.
Insights
Client Alert | 7 min read | 12.17.25
After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.
Client Alert | 1 min read | 12.17.25
Client Alert | 2 min read | 12.16.25
Client Alert | 11 min read | 12.15.25
New York LLC Transparency Act: Key Requirements and Deadlines
