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"Here before. Many times. And without resolution." - Board’s Dismissal of Contractor’s Appeals as Moot Precludes Analysis of Costs Repeatedly Disallowed on the Same Grounds

USA - April 1 2021 In L3 Technologies, Inc., ASBCA Nos. 61811, et al. (Mar. 1, 2021), the Armed Services Board of Contract Appeals (Board) granted the Government’s…

Alexandra Barbee-Garrett, Catherine O. Shames, Skye Mathieson.

Show Me the Money? When a Sum Approximate Counts as a Sum Certain

USA - March 22 2021 In Creative Management Services, LLC, dba MC-2 v. U.S. (Feb. 26, 2021), the Federal Circuit affirmed a Court of Federal Claims decision dismissing a…

Catherine O. Shames, Charles Baek, Michelle D. Coleman, Skye Mathieson, Stephen J. McBrady.

CARES Act Section 3610 Relief Extended Until September 30, 2021

USA - March 18 2021 The American Rescue Plan Act of 2021 (the Act), signed into law by President Biden on March 11, 2021, extends Section 3610 of the CARES Act…

Charles Baek, J. Chris Haile, Michelle D. Coleman, Skye Mathieson, Stephen J. McBrady.

Stopped in its Tracks: The Government’s Failure to Track Software Use Constitutes Infringement Under 28 U.S.C. § 1498

USA - March 9 2021 In Bitmanagement Software GmbH v. United States, the Federal Circuit vacated and remanded a decision by the Court of Federal Claims (COFC) that found…

Abigail (Abi) Stokes, John E. McCarthy Jr., Jonathan M. Baker.

Deep Sixed: Federal Circuit Boots Trademark Licensee for Meritless Claims Against U.S. Army

USA - March 8 2021 On March 4, 2021, the Federal Circuit spoke pointedly on its view of contract interpretation and contract obligations in the context of trademark…

Anne Elise Herold Li, Carissa Wilson, John E. McCarthy Jr., Jonathan M. Baker, Preetha Chakrabarti.