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The JAIC Rolls Out DoD’s Ethical Principles for Artificial Intelligence

Client Alert | 1 min read | 03.06.20

On February 24, 2020, following Secretary of Defense Mark Esper’s call on the private sector to work with the Department of Defense (DoD) to develop principles for using Artificial Intelligence (AI) in a “lawful and ethical manner,” (as we previously reported on here), the DoD announced its adoption of ethical principles for AI. The DoD Joint Artificial Intelligence Center (JAIC) is tasked with coordinating the implementation of these ethical principles for the Department. The ethical principles apply to both combat and non-combat functions and address five major areas, including (1) responsibility; (2) equitability; (3) traceability; (4) reliability; and (5) governability. More information can be found on the JAIC blog.

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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....