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 | 2 min read | 01.29.26
California AG Launches “Surveillance Pricing” Investigation – Action Required
California Attorney General Rob Bonta announced an unprecedented investigative sweep into “surveillance pricing” practices by grocers, hotels, and retailers, marking the first state-level inquiry targeting personalized pricing under data privacy laws.
Client Alert | 6 min read | 01.29.26
Client Alert | 5 min read | 01.29.26
Client Alert | 6 min read | 01.29.26
Sixth Circuit Implies New Requirements for Denial-of-Coverage Communications
