Too Bad, So Sad

Client Alert | 1 min read | 04.25.06

In a "twist" that reminds one of the immortal words of Mr. Bumble, "If the law supposes that, then the law
is a a--," after the Court of Federal Claims had held last year in Int'l Data Products Corp. v. U.S. that the termination of an IT products provider's contract also extinguished its warranty obligations for products already delivered, Judge George Miller has now held (Apr. 10, 2006) that the contractor cannot recover under any contract theory (including quantum meruit ) for the warranty services provided after termination, which the contractor had provided under protest because the government threatened default and debarment if it did not. The court reasoned that, because there was no written contract after the termination and because the contractor had never agreed to provide the post-termination services willingly, there was neither an express nor an implied contract for the services, depriving the court of jurisdiction.

Insights

Client Alert | 3 min read | 11.13.26

Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief

A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy. ...