CFC Rejects Taxes Clause as Basis for Recovering Environmental Remediation Costs
Client Alert | 1 min read | 01.25.13
On January 13, the Court of Federal Claims in Shell Oil Co. v. U.S. held (1) the government was not liable for CERCLA environmental cleanup costs under the "Taxes" clause in certain World War II-era contracts; and (2) even if the "Taxes" clause had provided for indemnification, any indemnification rights were not preserved after contract termination. The "Taxes" clause and the absence of a reservation of rights to pursue indemnification in Shell is in contrast with the explicit "hold harmless" clauses in the facilities contracts cases in which the contractor reserved its rights to pursue indemnification (Ford and DuPont) and indemnification clauses authorized under Public Law 85-804, which contain explicit post-contract termination provisions.
Insights
Client Alert | 8 min read | 05.19.25
Earlier this month the National Cyber Security Centre (“NCSC”) hosted CYBERUK, the UK government’s flagship cybersecurity event. On 7 May the NCSC launched their report “Impact of AI on cyber threat from now to 2027” (“Report”), whilst the Department for Science, Innovation and Technology (“DSIT”) published a new voluntary Software Security Code of Practice, (“Code”). Cybersecurity and AI are under the spotlight in the UK. Eyes are also on the recently unveiled US/UK trade agreement and the possibility of a further transatlantic tech-focused agreement to cement prior Technology and Data Partnership discussions to create a US/UK “digital bridge.”
Client Alert | 2 min read | 05.19.25
Client Alert | 3 min read | 05.16.25
