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Damages Available For Government Breach of CRADA

Client Alert | less than 1 min read | 11.24.10

The CFC in D'Andrea Bros. LLC v. U.S. (Nov. 18, 2010) rebuffed the government's argument that the court has no jurisdiction to consider an alleged breach of a no-cost cooperative research and development agreement and to award damages. The court set for trial the contractor's complaint that, when the Marine Corps bad-mouthed the contractor publicly, it breached its good faith duties by frustrating the contractor's ability to market certain trademarks for food items effectively.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

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....