Contracting Authority Analyzed In 3 Cases
Client Alert | less than 1 min read | 06.16.06
In a spate of recent decisions by different Court of Federal Claims judges, the proper scope of contracting authority is closely analyzed. In Brunner v. U.S. (May 2, 2001), Judge Wolski provides a treatise that concludes that apparent authority, contrary to all reports, is alive and well in government contracts and is only limited by publicly available laws and regulations that restrict the government agent's power to contract; in Arakaki v. U.S. (May 30, 2006), Judge Hewitt disagrees; and in Telenor Satellite Servs., Inc. v. U.S. (June 2, 2006), handled by C&M, Judge Baskir discusses both implied authority and ratification when finding both for a bailment agreement.
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Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
