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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 | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....