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Award Fee Determination Must Be Made By Designated Official

Client Alert | less than 1 min read | 01.29.07

As part of the long-running saga of the operation of the Rocky Flats Nuclear Weapons Plant in Colorado, the Court of Federal Claims in The Boeing Co. v. United States. (Jan. 17, 2007) has held the Department of Energy in breach because, after the initiation of an investigation of the contractor, the Secretary's office mandated lower award fees than DOE's Rocky Flats Manager had independently determined. Restoring the independent determinations, the court found that, when the contract specifies the individual who is to make the determination (here the Manager), his superiors may not override that determination without breaching the contract.

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Client Alert | 7 min read | 11.24.25

Draft Executive Order Seeks to Short-Circuit AI State Regulation

President Trump is preparing to sign an Executive Order that would seek to forestall state regulation of artificial intelligence (AI) by threatening federal lawsuits and the withholding of some federal funds. The draft, unsigned six-page Executive Order, “Eliminating State Law Obstruction of National AI Policy” (EO), the text of which has been circulating publicly since November 19, would declare it the policy of the Administration “to sustain and enhance America’s global AI dominance through a minimally burdensome, uniform national policy framework for AI.”...