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It Isn’t Your Parent’s Teaming Agreement Anymore!. A Fresh Look At Teaming Agreements. Presented To National Contract Management Association – Cape Canaveral Chapter January 11, 2006 By Gary Marcus, Esq., Of Counsel. 66 North Village Avenue Rockville Centre, N.Y. 11750 (516) 764-2800 - PowerPoint PPT Presentation
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NCMA – Cape Canaveral Chapter January 11, 2006
It Isn’t Your Parent’s Teaming Agreement Anymore!
A Fresh Look At Teaming Agreements
Presented To
National Contract Management Association – Cape Canaveral Chapter
January 11, 2006
ByGary Marcus, Esq.,
Of Counsel
66 North Village Avenue
Rockville Centre, N.Y. 11750
(516) 764-2800
Fax (516) 764-2827
www.goldbergconnolly.com
NCMA – Cape Canaveral Chapter January 11, 2006
NCMA – Cape Canaveral Chapter January 11, 2006
Road Map to Presentation
• Why Team?
• Classical TA Disputes
• Classical TA Enforcement Issues• Redefining Damages for Breach of TA• The Next Damages Frontier
• Drafting Tips
NCMA – Cape Canaveral Chapter January 11, 2006
Why Team?
NCMA – Cape Canaveral Chapter January 11, 2006
• Allowability • Acquisition Of Expertise
• Spreading The Risk
Why Team?
NCMA – Cape Canaveral Chapter January 11, 2006
• Prime v. Sub
• Sub v. Prime
Classical Disputes
NCMA – Cape Canaveral Chapter January 11, 2006
Classical Enforcement Issues
• Restraint Of Trade
• Illusory Contract
NCMA – Cape Canaveral Chapter January 11, 2006
Illusory Contract
•“Agreement To Agree”
NCMA – Cape Canaveral Chapter January 11, 2006
Restraint Of Trade
• Limitation Of Number Of Bidders• Limitation of Unique Technology
NCMA – Cape Canaveral Chapter January 11, 2006
Redefining Damages For Breach
• Punitive Damages
• Specific Performance
NCMA – Cape Canaveral Chapter January 11, 2006
• Cable & Computer Technology, Inc. v
Lockheed Sanders Inc. 52 Fed Appx 20; 2002 U.S. App LEXIS 24501 (9th Cir 2002)
Punitive Damages
NCMA – Cape Canaveral Chapter January 11, 2006
• EG&G Technical Services Inc. v
The Cube Corp. 2002 Va Cir LEXIS 444
(Va Cir 2002)
Specific Performance
NCMA – Cape Canaveral Chapter January 11, 2006
The Next Damage Frontier
•Lost Profits
NCMA – Cape Canaveral Chapter January 11, 2006
Drafting Tips
• Define Scope
• Define Share
• Time Limits
• Terms & Conditions
• Review Of Submittal
NCMA – Cape Canaveral Chapter January 11, 2006
It Isn’t Your Parent’s Teaming Agreement Anymore!
A Fresh Look At Teaming Agreements
Presented To
National Contract Management Association – Cape Canaveral Chapter
January 11, 2006
ByGary Marcus, Esq.,
Of Counsel
66 North Village Avenue
Rockville Centre, N.Y. 11750
(516) 764-2800
Fax (516) 764-2827
www.goldbergconnolly.com
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