Presented by: Government Contracts Committees
Plain Language: Recent Developments in Contract Interpretation at the Federal Circuit
October 6, 2022
1:00 PM - 2:00 PM ET
Moderator:
Dean W. Baxtresser, Counsel, Latham & Watkins LLP
Panelists:
Lucas T. Hanback, Shareholder, Rogers Joseph O’Donnell PC
Anne W. Robinson, Partner, Latham & Watkins LLP
Amanda J. Sherwood, Senior Associate, Arnold & Porter Kaye Scholer LLP
Summary:
The Federal Circuit holds exclusive jurisdiction to hear appeals of contract dispute decisions from the Boards of Contract Appeals and the Court of Federal Claims. This means that, for government contractors, decisions by the Federal Circuit regarding contract interpretation carry extraordinary weight. Two recent decisions address unique contract principles found in federal government contracting and have reinforced the importance of clear language in government contracts. The panel will discuss the outcomes and implications of JKB Solutions and Services, LLC v. United States and CSI Aviation, Inc. v. DHS, and will address practical considerations for government contractors in light of these decisions, including the practice of incorporation by reference and the use of commercial terms in government contracts. The panel will also address how these decisions may be used outside of the contract dispute environment, such as in bid protests and False Claims Act litigation.
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