Profit Recoverable in Commercial Item Termination
Client Alert | less than 1 min read | 01.05.15
In SWR, Inc. (Dec. 15), the ASBCA ruled that the termination for convenience of a commercial item contract, before any services had been ordered, still entitled the contractor to "fair compensation" under a more expansive interpretation of "reasonable charges" than the board had previously endorsed, including start-up costs, travel expenses, wages, forfeited deposits, lease mitigation charges, settlement expenses, attorney fees, and other operating expenses. With one dissent, the board also held that contractors are entitled to a reasonable profit on all termination-related charges, despite the lack of express allowance for profit in the standard Commercial Items terms.
Insights
Client Alert | 5 min read | 01.27.25
After Trump Executive Orders, FDA Removes Diversity Guidance From Website
Days after President Trump issued an executive order (EO) taking aim at diversity, equity, and inclusion (DEI) programs and prohibiting federal recognition of gender identity apart from biological sex, previously issued draft guidance on diversity in clinical trials was removed from the website of the U.S. Food and Drug Administration (FDA). While the removed guidance was in draft form, it is highly unusual for FDA to revoke or alter draft guidance without issuing a statement or further guidance. This move raises questions about the applicability of statutory obligations to submit clinical trial Diversity Action Plans and the agency’s current thinking on best practices for clinical development.
Client Alert | 8 min read | 01.27.25
Client Alert | 5 min read | 01.27.25
Client Alert | 2 min read | 01.27.25
State Department Pauses Almost All Foreign Assistance Funding
