CFC Rejects Taxes Clause as Basis for Recovering Environmental Remediation Costs
Client Alert | 1 min read | 01.25.13
On January 13, the Court of Federal Claims in Shell Oil Co. v. U.S. held (1) the government was not liable for CERCLA environmental cleanup costs under the "Taxes" clause in certain World War II-era contracts; and (2) even if the "Taxes" clause had provided for indemnification, any indemnification rights were not preserved after contract termination. The "Taxes" clause and the absence of a reservation of rights to pursue indemnification in Shell is in contrast with the explicit "hold harmless" clauses in the facilities contracts cases in which the contractor reserved its rights to pursue indemnification (Ford and DuPont) and indemnification clauses authorized under Public Law 85-804, which contain explicit post-contract termination provisions.
Insights
Client Alert | 2 min read | 09.23.24
Effective January 1, 2026, H.B. 3773 amends Article 5, Section 2 of the Illinois Human Rights Act to explicitly prohibit employers from using artificial intelligence (“AI”) for a broad swath of employment decisions, including recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms, privileges, or conditions of employment, if such use has the effect of subjecting employees to discrimination on the basis of a protected class. The amendment also prohibits employers from using zip code as a proxy for protected classes. H.B. 3773 further provides that employers will be required to provide notice to employees prior to using AI for such employment-related purposes. The law applies to any employers employing one or more employees within Illinois during 20 or more calendar weeks during the calendar year.
Client Alert | 9 min read | 09.23.24
Client Alert | 4 min read | 09.20.24
Department of Commerce Unveils New Tool to Inform Supply Chain Risk Mitigation
Client Alert | 3 min read | 09.13.24
