PCI’s Case of the Month Club will kick off the New Year with the discussion of two important recent Contract Disputes Act decisions. In the first case, Ben Holtz Consulting, Inc. dba California Avocados Direct v. Dept. of Agriculture, CBCA No. 7637 (Nov. 17, 2023), the Civilian Board of Contract Appeals sheds further light on the confusing question of how termination costs are to be calculated under a contract for commercial products. In the second decision, 4DD Holdings, LLC and T4 Data Group, LLC v. The United States, — Fed.Cl. —-, 2023 WL 8290926 (August 22, 2023), the Court of Federal Claims deals with the calculation of damages flowing from the Government’s infringement of a contractor’s software copyright, a calculation heavily influenced by its finding that the Government tried to hide its infringement by destroying evidence and misrepresenting its actions. In a world where the Government’s acquisition of commercial products continues to increase each year, and where it has exhibited a voracious appetite for commercial software, these decisions provide important guidance to Government agencies and contractors alike. Join us on January 9 for PCI’s Case of the Month Club!