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 | 10 min read | 09.11.26
Mining, Indigenous Consultation Rights, and Investment Treaty Protection
This alert, the first in a two-part series, surveys the legal landscape at the intersection of two issues that increasingly shape the outcome of mining and natural resources disputes regarding the protections available to foreign investors under investment treaties, as enforced through investor-state dispute settlement (ISDS). The first is the prior consultation obligation imposed on states under the Indigenous and Tribal Peoples Convention, 1989 (No. 169), adopted by the International Labour Organization (ILO 169). The second is social license, the practical acceptance of a project by surrounding communities, which is distinct from but related to the formal state consultation duty. This alert examines these issues across five foundational ISDS decisions:
Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies
Client Alert | 5 min read | 09.09.26
Client Alert | 8 min read | 09.08.26
Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom
