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In Texas, Exclusive Means Exclusive

Client Alert | 1 min read | 06.20.13

In X Techs., Inc. v. Marvin Test Sys., Inc. (June 11, 2013), the Fifth Circuit affirmed that Marvin (Geotest) breached an "exclusive" teaming agreement with X Tech, a small business, by submitting a separate, ultimately successful competing bid teamed with another company when X Tech had committed in the agreement to bid Geotest as its subcontractor and Geotest had agreed not to "team up with any other company." This decision underscores the points made in our recent blog and bullet point that a teaming agreement will be enforceable when it is carefully drafted.   


Insights

Client Alert | 3 min read | 04.24.24

Digging Deeper: “American Made” Claims From the Tenth Circuit’s Decision in I DIG Texas v. Kerry Creager Diverge from FTC Guidance

On April 12, 2024, the Tenth Circuit issued a decision in I DIG Texas LLC v. Kerry Creager, which analyzed country-of-origin claims in a manner that diverged from the well-established Federal Trade Commission’s “Made in USA” policy....