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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 | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....