Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims
Client Alert | 1 min read | 05.01.06
In an important case of first impression, the Armed Services Board of Contract Appeals in The Boeing Co. (Apr. 12, 2006, http://www.crowell.com/pdf/expertise/govtcontracts/ASBCA_decision.pdf), has held that it has jurisdiction under the Contract Disputes Act to consider claims for the costs of investigation and remediation of ground water pollution and toxic tort litigation under indemnification clauses authorized pursuant to the “residual powers” authority of Public Law 85-804 and 10 U.S.C. § 2354. The Board concluded that Public Law 85-804, 10 U.S.C. § 2354, and statutory and contractual provisions allegedly providing for secretarial and/or congressional approval did not divest the Board of its CDA jurisdiction because, inter alia , acceptance of such arguments would render the indemnification clauses, which were included in prime contracts awarded to Boeing and subcontracts awarded to Lockheed Martin Corporation in the 1960s and 1970s, “illusory.”
Insights
Client Alert | 8 min read | 12.11.25
Director Squires Revamps the Workings of the U.S. Patent Office
In March 2025, President Trump nominated John A. Squires for the positions of Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). After being approved by the Senate Judiciary Committee by a vote of 20-2, Squires was confirmed by the Senate on September 17, 2025, by a vote of 51-47 after anti-filibuster measures were invoked. During and after the confirmation process, Squires emphasized several goals for the USPTO during his time as Director. Such goals included:
Client Alert | 8 min read | 12.10.25
Creativity You Can Use: CJEU Clarifies Copyright for Applied Art
Client Alert | 4 min read | 12.10.25
Federal Court Strikes Down Interior Order Suspending Wind Energy Development
Client Alert | 14 min read | 12.10.25
SBA Office of General Counsel Audit of Participants in the 8(a) Program and Beyond
