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Will Cyber War Come to a Contract Near You?

Client Alert | 1 min read | 02.01.12

Cyber war has arrived: Sec. Panetta warns of a "digital Pearl Harbor," the Stuxnet cyber missile penetrates Iran's Bushehr nuclear facility, and cyber attacks shut down power grids in other countries, as discussed in David Bodenheimer's article "Cyberwarefare in the Stuxnet Age: Can Cannonball Law Keep Pace with the Digital Battlefield?" in the ABA's SciTech Lawyer. Focusing on what cyber warfare means for the private sector, this article explains how government contractors supporting offensive or defensive cyber operations (or even just standing by) face unprecedented and potentially ruinous legal liability for cyber weapons gone awry, multi-billion-dollar class actions for assisting federal agencies in authentication efforts to track down covert cyber adversaries, and huge economic losses when private information networks must be disconnected, shut down, or disabled due to foreign cyber infections or botnets, leaving the private sector to ask who foots the bill.

Insights

Client Alert | 1 min read | 08.10.26

ASBCA Denies Government Motion to Dismiss, Providing Key Guidance on Contractor Claim Standards Post-ECC International

In Appeal of Bahadir (a C&M case), the Armed Services Board of Contract Appeals denied the government’s motion to dismiss in its entirety, ruling in favor of the contractor on both key issues raised by the government. The case arises from a contract for construction work at Al Udeid Air Base in Qatar, under which Appellant alleged government-caused delay and filed certified prolongation claims using a “windows analysis” methodology. The government moved to dismiss, arguing that Appellant failed to state a sum certain for each of what the government characterized as 38 distinct claims, and separately that four claims had not been properly presented to the Contracting Officer. ...