The Long Tail Of Government Contracts
Client Alert | 1 min read | 08.26.04
In the latest in a series of appellate decision concerning the Government's liability to reimburse contractors under World War II cost-reimbursement contracts for their liability to clean up environmental contamination, the Federal Circuit in Ford Motor Co. v. U.S. (Aug. 10, 2004) has upheld the contractor's reservation of the right to recover costs that were first incurred nearly 50 years after the contract was completed and "settled." The Court's broad reading of a provision reserving the contractor's right to indemnification for "[c]laims of the Contractor against the Government which are based upon responsibility of the Contractor to Third parties . . . and which involve costs reimbursable under the Contract . . . but which are not now known to the Officers, Directors, or other personnel of the Contractor whose duties include the acquisition of such knowledge" and a definition of reimbursable costs that included "loss or destruction of or damage to property as may arise out of or in connection with the performance of the work under this contract" suggests that most World War II-era contractors facing liability for environmental remediation will be entitled to indemnification under contractual provisions that were then standard in closing out war contracts.
Insights
Client Alert | 7 min read | 11.05.26
2026 State Attorney General Elections: What Businesses Should Expect
As of November 4, 2026, the state attorney general elections point to increased enforcement in 2027, particularly in consumer protection, antitrust, AI, health care, and data centers.[1] Businesses should prepare for more investigations under existing laws and proposals for new legislation or rules. Campaign commitments indicate priorities, but their timing and implementation remain uncertain.[2]
Client Alert | 3 min read | 11.05.26
Federal, State, and Local Regulators Sue Toast Over B2B Advertising and Subscriptions
Client Alert | 3 min read | 11.04.26
CMS Proposal Would Overhaul Eligibility Rules for ACA Exchanges
Client Alert | 7 min read | 11.04.26
FDA Issues Guidance on Prescription Drug Use-Related Software
