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It's All In The Name

Client Alert | less than 1 min read | 10.14.09

In Wackenhut Int'l, Inc. v. Dep't of State (Sept. 22, 2009), the Civilian Board of Contract Appeals ("CBCA") ;dismissed for lack of jurisdiction when the appellant's Contract Disputes Act claim and subsequent appeal to the CBCA were brought in the name of a single joint venture partner instead of the joint venture itself. The Board found that only the joint venture had privity of contract with the government and that that was altered neither by appellant's 51% ownership stake in the joint venture nor by appellant's obtaining written authorization to pursue the claim from its joint venture partner.

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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....