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Foreign Governments Join the Commercial Item Party

Client Alert | less than 1 min read | 05.20.19

On May 9, 2019, the FAR Council issued a proposed rule, which would amend the “nondevelopmental item” prong of the commercial item definition to include competitive sales to “multiple foreign governments” (in addition to sales to state and local governments, which the definition already includes). Comments on the proposed rule, which implements Section 847 of the National Defense Authorization Act for Fiscal Year 2018, are due July 9, 2019.

Insights

Client Alert | 5 min read | 07.28.26

Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks

The rapid buildout of AI infrastructure has placed data centers at the heart of a new and expanding wave of class action litigation. Over the past several months, plaintiffs’ firms with significant experience in mass tort and environmental class actions have begun recruiting plaintiffs and filing lawsuits against data center operators, alleging that noise generated by their facilities — from cooling systems, diesel generators, and HVAC equipment — constitutes a public and private nuisance and reflects actionable negligence. Companies currently operating or constructing data centers near residential communities should treat this as a material and growing legal risk....