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Government Contracts Claims Litigation and Alternative Fee Arrangements

Client Alert | less than 1 min read | 07.19.17

In AFA Considerations For Gov't Contract Claims Litigation, Steve McBrady discusses several hot topics in government contracts litigation, including (1) business objectives driving a renewed focus on claims litigation; (2) financial considerations driving contractor (and law firm) decision-making; (3) key strategy assessments for clients and their outside lawyers to make at the outset; and (4) the emergence of creative, value-based billing structures that put a premium on achieving successful outcomes while sharing financial risk.

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 As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates....