US Liable for Environmental Remediation Costs Under Contract Clauses
Client Alert | 1 min read | 11.04.11
On October 31, the Court of Federal Claims in Exxon Mobil Corp. v. U.S. held that the government was liable for environmental cleanup costs because it had breached the “Taxes” clause in three World War II-era contracts under which the government had agreed to pay “any new or additional . . . charges” required by federal, state, or local law “by reason of the production, manufacture, sale or delivery” of aviation gasoline. Exxon continues the trend of recovery of environmental remediation costs under government contracts and is consistent with ongoing efforts to recover environmental remediation costs and toxic tort litigation defense costs under Public Law 85-804 indemnification provisions in Cold War-era contracts being conducted for clients by C&M.
Insights
Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS). Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:
Client Alert | 4 min read | 04.18.24
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions
