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Contractors Must Go The Extra Mile For Preaward Review

Client Alert | less than 1 min read | 04.04.05

In Billington Contracting, Inc. (Feb. 28, 2005), the ASBCA dismissed a contractor's claim for differing site conditions under a dredging contract, because documents with the relevant detail on site conditions were referenced in a contract specification and had been available to the contractor for review. The board brushed aside the contractor's complaint that the relevant records were only identified as available some 750 miles from the project site, stating that a contractor is "bound to seek" out such information.

Insights

Client Alert | 3 min read | 02.11.26

Clicking All the Right Boxes: FTC Moves to Revive “Click-to-Cancel” Rule Following Eighth Circuit Vacatur

On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....