Termination Clause Trumps Cost-Sharing
Client Alert | less than 1 min read | 01.30.06
The Federal Circuit in Jacobs Eng'g Group, Inc. v. U.S. (Jan. 19, 2006) had before it the interesting scenario of the government terminating a contract with an 80/20 cost share and the contractor insisting that it should get "all" its costs under the termination for convenience clause, not just 80% per the cost share. The court agreed, because the cost share had not been specifically incorporated in the termination clause and the termination had deprived the contractor of his compensating benefit for taking the cost share in the first place, patent rights in the finished work.
Insights
Client Alert | 3 min read | 03.24.26
California Considering A Massive Expansion of Its Antitrust Laws
Legislative efforts to significantly expand California’s antitrust laws are working their way through the state legislature. The most comprehensive overhaul is Assembly Bill 1776 — the Competition and Opportunity in Markets for a Prosperous, Equitable and Transparent Economy (COMPETE) Act, introduced by Assembly Majority Leader Cecilia Aguiar-Curry, on March 23, 2026. AB 1776 is modeled closely after draft legislation recommended by the California Law Revision Commission (CLRC) in December. AB 1776 would not only significantly expand potential liability for single-firm conduct and monopolization but would also explicitly decouple California antitrust analysis from certain federal standards. Companies doing business in California should pay close attention to AB 1776 because of its potentially dramatic impact, including increased exposure to antitrust litigation and increased compliance costs.
Client Alert | 2 min read | 03.23.26
Client Alert | 1 min read | 03.23.26
Client Alert | 7 min read | 03.23.26
