A Galaxy (Not) FAR Away? NASA Awards New Contracts in Space Privatization Program
Client Alert | less than 1 min read | 08.17.12
On August 3, NASA announced the award of three new Space Act Agreements to provide funding for the public-private development of spacecraft to launch crew and cargo into low-earth orbit, pursuant to NASA's Commercial Crew Integrated Capability (CCiCap) initiative. The agreements, which are not subject to FAR, are intended to develop "reliable and cost-effective access to and from the International Space Station and low Earth orbit" and ultimately allow NASA, and other government and commercial customers, to purchase spaceflight services from a private space industry.
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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
