Silence = Acquiescence: Government Stuck with Contractor’s Interpretation that was Provided with its Proposal
Client Alert | 1 min read | 03.18.20
On February 7, 2020, the ASBCA sustained the appeal of Command Languages, Inc. d/b/a CLI Solutions (CLI) against the Army over increased costs to translate technical manuals. CLI contracted with the Army to translate advanced level armored vehicle maintenance manuals for use by the Afghanistan Army. The advanced level manuals included tasks from basic level manuals, but CLI only incorporated these tasks by reference – the tasks themselves were not translated. CLI and the Army disagreed over whether contract language stating that the basic manuals were provided to the contractor as government furnished information (GFI) “for reference” permitted CLI to incorporate information from them by reference. The Board found that CLI’s contract interpretation was reasonable, given that CLI notified the Army of its intent to use this reference-only approach and provided sample manuals, and the Army had no objections to this approach prior to performance. The Board pointed out that the contract gave CLI the option to utilize GFI in the “most effective” manner of its choosing when creating the advanced manuals, and there was no contract language prohibiting CLI’s method. The Board also found that the Army did not challenge CLI’s approach until after performance started.
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Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
The rapid buildout of AI infrastructure has placed data centers at the heart of a new and expanding wave of class action litigation. Over the past several months, plaintiffs’ firms with significant experience in mass tort and environmental class actions have begun recruiting plaintiffs and filing lawsuits against data center operators, alleging that noise generated by their facilities — from cooling systems, diesel generators, and HVAC equipment — constitutes a public and private nuisance and reflects actionable negligence. Companies currently operating or constructing data centers near residential communities should treat this as a material and growing legal risk.
Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
Client Alert | 3 min read | 07.23.26


