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Technology Replacement Clause Requires Actual Replacement

Client Alert | less than 1 min read | 09.28.10

Some technology contracts have included "replacement" clauses which put limits on the agency's use of its termination for convenience power to flip to another vendor simply to get a better price. The Federal Circuit in McHugh v. DLT Solutions, Inc. (Sept. 23, 2010), held that, when the agency in such a clause had only agreed not to "replace" the leased software with "functionally similar equipment and/or software" for one year after termination or expiration of the lease, it did not breach when it did not install the leased software and continued to use its prior software.

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Client Alert | 6 min read | 07.09.26

EU Steel Overcapacity Regulation: New Permanent Measure in Force from 1 July 2026

The EU’s steel safeguard under Implementing Regulation (EU) 2019/159 expired on 30 June 2026 and has been replaced by a new permanent instrument — the EU Steel Overcapacity Regulation (Regulation (EU) 2026/1384) (the Regulation”). It imposes tariff-rate quotas and an out-of-quota duty, similarly to the steel safeguard measures that expired. The out-of-quota duty has been raised from 25% to 50% to minimize the risk of trade diversion. The Regulation reduces duty-free imports of 26 categories of steel products into the EU by an average of 47% compared with the quotas under the until recently applicable safeguard measures....

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