T4C, IDIQ Clauses Are No Safe Harbor Against Breach Damages
Client Alert | less than 1 min read | 09.12.06
The AGBCA in Ardco, Inc. (Aug. 2, 2006), grounded the government's attempt to resort to the termination for convenience clause to avoid lost profit damages for breach when it wrecked the contractor's aircraft and caused it to lose revenue for part of the contract term. Nor did the government's argument fly that the lack of a contractual guarantee of any further revenue under an IDIQ contract defeats a lost profits claim, as the contractor is free to prove what work it likely would have received as the basis for its breach damages
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Client Alert | 3 min read | 10.30.25
Is Course Hero Heading to Summer School After Summary Judgment Loss?
On September 23, Judge Vernon D. Oliver partially granted and partially denied the defendant’s motion for summary judgment in Post University Inc. v. Learneo, Inc., 3:21-cv-1242 (VDO) (D. Del. Sept. 23, 2025). For background, the defendant in this case, Learneo, Inc. (commonly known as Course Hero), is an online platform for college, trade, and high school students that provides access to user-submitted documents via a paid subscription. Course Hero allows users to search the documents that have been uploaded by school, textbook, book title, and subject, but only users with a subscription can view the documents. Users without a subscription may access a preview version of the document, consisting of a blurred and truncated version created by Course Hero. Course Hero users have uploaded documents to the platform for many thousands of colleges, grad schools, high schools, and trade schools.
Client Alert | 9 min read | 10.28.25
Key Takeaways from a Consequential Month of Russia-Related Sanctions
Client Alert | 1 min read | 10.27.25
Client Alert | 3 min read | 10.27.25
