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Partial Termination Doesn't Allow Repricing In Commercial Services Contract

Client Alert | less than 1 min read | 10.26.04

In Individual Dev. Assocs., Inc. (Sept. 9, 2004), the ASBCA rejected a contractor’s claim that the partial termination for convenience of a contract for commercial educational services was improper, holding that various provisions showing the services had been offered only as an “inseparable whole” did not explicitly abrogate the government’s right to partially terminate the contract and, therefore, applied only to offer and acceptance or pricing, not termination. The Board further held that the applicable commercial termination provision (in contrast to the FAR’s standard termination for convenience clause) does not give contractors any right to an equitable adjustment when a partial termination increases the cost of unchanged work.

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Client Alert | 3 min read | 10.30.25

Is Course Hero Heading to Summer School After Summary Judgment Loss?

On September 23, Judge Vernon D. Oliver partially granted and partially denied the defendant’s motion for summary judgment in Post University Inc. v. Learneo, Inc., 3:21-cv-1242 (VDO) (D. Del. Sept. 23, 2025). For background, the defendant in this case, Learneo, Inc. (commonly known as Course Hero), is an online platform for college, trade, and high school students that provides access to user-submitted documents via a paid subscription. Course Hero allows users to search the documents that have been uploaded by school, textbook, book title, and subject, but only users with a subscription can view the documents. Users without a subscription may access a preview version of the document, consisting of a blurred and truncated version created by Course Hero. Course Hero users have uploaded documents to the platform for many thousands of colleges, grad schools, high schools, and trade schools....

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