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 | 4 min read | 10.22.26
CMS Proposal Would Require Extensive Provider Directory Changes in MA
A proposed rule published October 20, 2026, outlines a framework that would require Medicare Advantage (MA) plans to verify and update their provider directories at least once every 90 days, report an accuracy score to the Centers for Medicare and Medicaid Servies (CMS), and publicly post it on their directories. CMS says the proposed changes will improve data connectivity and accuracy in provider directories across the health care system.
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CMS Proposes Major Changes to MA, Part D, and PBM Requirements
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When the Clock Strikes Twice: Crocs Takes Piecemeal ITC Appeals to the Supreme Court
