Accurate Historical Data Yields Negligent Estimate
Client Alert | 1 min read | 02.28.17
In Agility Def. & Gov’t Servs., Inc. v. United States (Feb. 6, 2017), the Court of Appeals for the Federal Circuit held that the government’s volume estimate in a requirements-contract solicitation cannot rely solely on historical workloads when the government expects conditions to change going forward. FAR 16.503 requires solicitations for requirements contracts to include a “realistic estimate of total quantity” based on “the most current information available.” Reversing a decision from the Court of Federal Claims, the CAFC revived the contractor’s negligent-estimate claim, holding that the government failed to comply with FAR 16.503 when its estimate relied on historical data rather than the agency’s actual expectation that changing conditions would create a surge in requirements above and beyond the historical workloads.
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Client Alert | 3 min read | 10.30.25
Is Course Hero Heading to Summer School After Summary Judgment Loss?
On September 23, Judge Vernon D. Oliver partially granted and partially denied the defendant’s motion for summary judgment in Post University Inc. v. Learneo, Inc., 3:21-cv-1242 (VDO) (D. Del. Sept. 23, 2025). For background, the defendant in this case, Learneo, Inc. (commonly known as Course Hero), is an online platform for college, trade, and high school students that provides access to user-submitted documents via a paid subscription. Course Hero allows users to search the documents that have been uploaded by school, textbook, book title, and subject, but only users with a subscription can view the documents. Users without a subscription may access a preview version of the document, consisting of a blurred and truncated version created by Course Hero. Course Hero users have uploaded documents to the platform for many thousands of colleges, grad schools, high schools, and trade schools.
Client Alert | 9 min read | 10.28.25
Key Takeaways from a Consequential Month of Russia-Related Sanctions
Client Alert | 1 min read | 10.27.25
Client Alert | 3 min read | 10.27.25
