Take Care to Preserve Ordering and Option Rights
Client Alert | less than 1 min read | 02.23.11
In a 2-1 decision in Mabus v. Gen. Dynamics C4 Sys., Inc. (Feb. 4, 2011), the Federal Circuit held that GD was equitably estopped to void an order exercise by the government due to the wrong transmission method because it had repeatedly accepted that method during prior performance. The lesson for contractors is to scrutinize each order and option exercise and, if it is deficient in any way but is still desirable, to put the government on notice that it is being accepted despite the noted deficiency and without prejudice with regard to future exercises.
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Client Alert | 4 min read | 07.22.26
On July 17, 2026, the United States Department of Justice (DOJ) announced that it had entered into a Deferred Prosecution Agreement (DPA) with The Scoular Company (Scoular), an agricultural supply chain company based in Omaha, Nebraska, to resolve allegations that Scoular relied on customs brokers to bribe Mexican government officials to allow Scoular goods to pass customs inspections and be delivered to Mexico from the United States. As part of its resolution, Scoular agreed to pay a $9,769,521 criminal penalty and forfeit an additional $414,351. Scoular also committed to continue cooperating with DOJ on any ongoing or future criminal investigations, implement a compliance and ethics program designed to prevent and detect violations of the Foreign Corrupt Practices Act (FCPA), and periodically report to DOJ on remediation and implementation of compliance measures throughout the term of the DPA.
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action
Client Alert | 5 min read | 07.21.26
Client Alert | 5 min read | 07.20.26
