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Contracts

Settlement Confidentiality: A “Fracking” Disaster for Public Health and Safety.

Confidentiality clauses in settlement agreements have become so commonplace that they seem like benign contractual terms. In reality, however, confidentiality clauses have formidable power to silence even the most outspoken plaintiffs,...

Applicability of ISO 14000 Standards to Government Contracts

The federal government procurement process has long been used as an engine for social change, including in the environmental area.1 At the present time, it is also driving toward adoption of commercial and...

CERCLA Does Not Invalidate Contractual Allocations of Liability

Editors' Summary: CERCLA § 107(e) recognizes that private parties may agree to limit or to insure against their CERCLA liability by using common law contract tools, including indemnification and hold harmless agreements. But what...