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Termination Clause Trumps Cost-Sharing

Client Alert | less than 1 min read | 01.30.06

The Federal Circuit in Jacobs Eng'g Group, Inc. v. U.S. (Jan. 19, 2006) had before it the interesting scenario of the government terminating a contract with an 80/20 cost share and the contractor insisting that it should get "all" its costs under the termination for convenience clause, not just 80% per the cost share. The court agreed, because the cost share had not been specifically incorporated in the termination clause and the termination had deprived the contractor of his compensating benefit for taking the cost share in the first place, patent rights in the finished work.

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Client Alert | 4 min read | 04.23.26

Bipartisan Coalition of State AGs Backs Federal PBM Transparency Rule

In mid-April, a bipartisan coalition of 45 State Attorneys General (AG) submitted a formal letter to the U.S. Department of Labor (DOL) expressing their collective support for a proposed rule (Improving Transparency into Pharmacy Benefit Manager Fee Disclosure, or RIN 1210-AB37), which would — if enacted — impose new disclosure obligations on pharmacy benefit managers (PBM) regulated under the Employee Retirement Income Security Act of 1974 (ERISA)....