Court Of Federal Claims Examines Contracting Authority
Client Alert | 1 min read | 03.05.08
Following a recent Federal Circuit decision, Winter v. Cath-Dr/Balti Joint Venture (Aug. 17, 2007), which held that a contractor cannot rely on a government agent's implied authority when the contract "explicitly and exclusively" assigns the particular function to the CO, the Court of Federal Claims reaffirmed the viability of implied authority in Stevens Van Lines v. U.S. (Jan. 23, 2008). In Stevens, Senior Judge Smith held that a government official has implied authority to bind the government when "such authority is considered to be an integral part of the duties assigned" to that employee and when the power to contract is "appropriate or essential" to the performance of the employee's duties.
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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.
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Key Takeaways to the State Attorneys General - Election Day 2025
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Supreme Court Oral Argument on Presidential Tariff Authority
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