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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 | 3 min read | 09.15.26

Private Investigations Act Series: An Introduction to the New Legal Framework for Internal Investigations in Belgium

Until recently, Belgian law did not have a general regulatory framework for internal investigations. Companies wishing to conduct an investigation had to navigate a fragmented set of rules that covered general principles and, to a limited extent, privacy and employee rights. The application of these rules to internal investigations was not clear, and it was therefore often difficult to put the rules into practice. This legal vacuum created significant risks, both for the integrity of the investigation itself and for the admissibility of any evidence gathered. ...

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