We've Come to the End of the Road: FY 2018 Report to Congress Says DCAA Backlog is No More
Client Alert | less than 1 min read | 07.11.19
The Defense Contract Audit Agency (DCAA) recently made public its Fiscal Year (FY) 2018 Report to Congress (“Report”), which, among other things, reports that DCAA has eliminated its incurred cost audit backlog.
The Report also describes its industry outreach activities and DCAA’s plans to focus more attention on other audits, such as business systems, Truth in Negotiations Act, Cost Accounting standards, pre-award surveys, claims, and terminations. Those plans are discussed more fully in our blog post.
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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
