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Implied Terms in Government Contracts Analyzed

Client Alert | less than 1 min read | 07.17.15

The recent edition of the Public Contract Law Journal (Winter 2015) features an article by C&M's Stanfield Johnson entitled, "Hercules, Winstar, and the Supreme Court's Conspicuous and Potentially Consequential Error." The June 2015 issue of the Nash & Cibinic Report (at 34) provides a brief review and recommends that "all lawyers in the field of Government procurement should read" this article on "the role of implied terms" in government contracts.


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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....