California FCA Strengthened to Parallel the Federal Act
Client Alert | less than 1 min read | 10.23.12
On September 27, Governor Brown signed into law amendments to the California False Claims Act predominantly designed to strengthen the CFCA and conform it to the federal FCA. The new law, which takes effect on January 1, 2013, increases incentives to bring lawsuits against state and local contractors by broadening anti-retaliation provisions, raising the amount of civil penalties recoverable, facilitating whistleblower suits, and extending liability for retention of an overpayment.
Insights
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
