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.
Contacts
Insights
Client Alert | 5 min read | 03.30.26
Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
On March 26, 2026, President Trump issued an executive order (EO) titled Addressing DEI Discrimination by Federal Contractors. The EO declares diversity, equity, and inclusion (DEI) “activities” “unethical and often illegal,” and imposes new obligations on federal contractors and subcontractors related to DEI programming. Contractors that do business with the federal government — or that work as subcontractors for companies that do — should review the EO closely to determine the extent to which they are compliant with the new requirements.
Client Alert | 5 min read | 03.30.26
Firewall Up: FCC Bars Foreign-Made Routers in New Covered List Update
Client Alert | 4 min read | 03.30.26
Landmark Verdicts Against Meta and YouTube Signal New Era of Social Media Platform Liability
Client Alert | 5 min read | 03.30.26
The EU Pharma Package: The Transferable Exclusivity Voucher Compromise Proposal
