Novation Trap For The Unwary
Client Alert | 1 min read | 02.04.11
In Raytheon Co. v. U.S. (Jan. 26, 2011), the Court of Federal Claims held that a contractor's claim for the pension cost adjustment due under CAS 413 for pension plans with funding deficits at the time of a "segment closing" could be barred by the standard language required in novation agreements providing that the contractor "waives any claims and rights against the Government that it now has or may have in the future in connection with the [novated] contracts." Because the Government takes the position that its agreement to novate contracts is completely within the untrammeled discretion of the Government, the Government could effectively negate the requirements of CAS 413 if this decision is correct by refusing to novate contracts unless the contractor agrees to waive its rights to an adjustment under CAS 413.
Insights
Client Alert | 4 min read | 06.17.26
From Checkout To Opt-Out: The EU Withdrawal Button Is Here – What E-Commerce Businesses Need To Know
From June 19, 2026, all online traders active within the EU are required to provide a “withdrawal button” on their websites and apps. The introduction of this withdrawal button represents a significant shift in the online consumer cancellation landscape. In this alert, we provide an overview of what this requirement means in practice and why compliance is so important.
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What United States v. Bankman-Fried Means for Health Care Fraud Defense
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Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim
