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Implied Terms in Government Contracts Analyzed

Client Alert | less than 1 min read | 07.17.15

The recent edition of the Public Contract Law Journal (Winter 2015) features an article by C&M's Stanfield Johnson entitled, "Hercules, Winstar, and the Supreme Court's Conspicuous and Potentially Consequential Error." The June 2015 issue of the Nash & Cibinic Report (at 34) provides a brief review and recommends that "all lawyers in the field of Government procurement should read" this article on "the role of implied terms" in government contracts.


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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....