Beware The Cooperative Agreement
Client Alert | less than 1 min read | 04.21.08
In Rick's Mushroom Service, Inc. (Apr. 2, 2008), the Federal Circuit held that a contractor who had a cooperative cost sharing agreement for mushroom waste remediation was out of luck when it followed defective government specifications and had to pay third parties close to $1 million for environmental violations. The Federal Circuit denied Rick's claims for indemnification, holding there was no Contract Disputes Act jurisdiction and that the Spearin doctrine, which provides that the government breaches an implied warranty when it supplies a contractor with defective specifications, was inapplicable because there was no procurement contract and because the doctrine does not extend to third-party claims.
Insights
Client Alert | 3 min read | 11.06.25
Executive Branch Focus on Federally Funded Inventions
In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act.
Client Alert | 2 min read | 11.06.25
Key Takeaways to the State Attorneys General - Election Day 2025
Client Alert | 3 min read | 11.06.25
Supreme Court Oral Argument on Presidential Tariff Authority
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