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 | 5 min read | 08.12.25
Cloud GDPR risks highlighted by European Commission ruling over Microsoft 365 use
On 11 July 2025, the European Data Protection Supervisor, (“EDPS”), the independent supervisory authority, which oversees the processing of personal data by EU institutions, bodies, offices and agencies, (“EUIs”) confirmed that the European Commission, (“Commission”) has succeeded in bringing its use of Microsoft 365 within the requirements of applicable European data protection rules thanks to additional measures adopted by both the Commission and Microsoft.
Client Alert | 6 min read | 08.12.25
Joint Criminal and Civil Export Controls Enforcement: Lessons from the Cadence Case
Client Alert | 3 min read | 08.08.25
Client Alert | 4 min read | 08.07.25
