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Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims

Client Alert | 1 min read | 05.01.06

In an important case of first impression, the Armed Services Board of Contract Appeals in The Boeing Co. (Apr. 12, 2006, http://www.crowell.com/pdf/expertise/govtcontracts/ASBCA_decision.pdf), has held that it has jurisdiction under the Contract Disputes Act to consider claims for the costs of investigation and remediation of ground water pollution and toxic tort litigation under indemnification clauses authorized pursuant to the “residual powers” authority of Public Law 85-804 and 10 U.S.C. § 2354. The Board concluded that Public Law 85-804, 10 U.S.C. § 2354, and statutory and contractual provisions allegedly providing for secretarial and/or congressional approval did not divest the Board of its CDA jurisdiction because, inter alia , acceptance of such arguments would render the indemnification clauses, which were included in prime contracts awarded to Boeing and subcontracts awarded to Lockheed Martin Corporation in the 1960s and 1970s, “illusory.”

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Client Alert | 5 min read | 07.20.26

DOJ and DHS Issue Interim Final Rule on State and Local Counter-Drone Authority Under the SAFER SKIES Act

On July 6, 2026, the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) setting up a new federal framework that allows state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies to detect, track, and, in some cases, disable or seize drones. The rule directly affects SLTT agencies looking to stand up counter-drone programs, as well as drone and counter-drone technology companies whose products will be subject to federal review and approval. Although the IFR bypassed the Administrative Procedure Act’s standard notice-and-comment process on good cause grounds — citing the statutory 180-day deadline and urgent public safety needs — the rule is already legally binding and effective as of July 1, 2026. The Departments are nonetheless accepting post-promulgation comments through September 4, 2026....

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