DoD Memo Recalls 'Essential' Civilian Workers
Client Alert | 1 min read | 10.09.13
On October 5, Secretary Hagel issued guidance relating to DoD's implementation of the Pay Our Military Act (POMA), which passed just hours before the government "shutdown" at midnight on September 30 and provides for funding certain DoD functions while interim or full-year appropriations for FY 2014 are not in effect. The memo, crafted in consultation with DOJ, states that POMA permits funding for active duty military and civilian employees "whose responsibilities provide support to service members providing active service and their families" and "contribute to sustaining capabilities and Force Readiness" (a list which at least initially did not include DCAA auditors, CIO functions, or DCMO functions, although it appears that at least some auditors at some locations have been recalled) and permits expenditure of "such sums as are necessary to provide pay and allowances to contractors of DoD who[m] the Secretary determines are providing support to members of the Armed Forces in active service" (though the memo notes that DoD lawyers are still analyzing what that means).
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Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26

