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Who Knew? Limitations Defense Kept in Play Against U.S.

Client Alert | 1 min read | 07.23.12

In Sikorsky Aircraft Corp. v. U.S., the Court of Federal Claims found there to be triable issues of fact  with regard to  the contractor's statute of limitations defense as to when the government's claim accrued, i.e., when the government "knew or should have known" of alleged CAS 418 noncompliance. This case follows a series of similar recent cases at the CFC and the ASBCA and raises the issue of who in the government needs to have notice of a claim for it to accrue -- a contracting officer or "other responsible actors" such as DCAA auditors -- a question the court declined to resolve "[a]t this early juncture" in the proceedings.


Insights

Client Alert | 2 min read | 10.17.24

FTC’s New “Click to Cancel” and What It Means for Businesses with Any Form of Subscription, Membership, or Auto-Renew or Recurring Payment Program

On October 16, 2024, over 18 months after first issuing its proposed rule, the Federal Trade Commission (“FTC”) issued a final rule to make it easier for consumers to cancel their subscriptions, memberships, automatic renewals, and other recurring payment options.  This rule reaches consumers and businesses in all sorts of industries: from gym memberships to e-commerce and delivery app subscriptions, internet services, cable, cell phone, and broadband and streaming services, gift box services, and even spa memberships, the examples abound. The purpose behind the rule is to increase transparency and make it easier for consumers to cancel subscriptions, saving them time and money by ending the “doom loop” some may find themselves in when trying to cancel such a feature....