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Cleared Contractors Under the Gun As Insider Threat Program Deadline Approaches

Client Alert | less than 1 min read | 11.17.16

By November 30, 2016, contractors that have facility clearances through DoD's Defense Security Service (DSS) must have a written plan in place for implementing an insider threat program, a new requirement under the National Industrial Security Program Operating Manual. As the deadline looms, our team’s recent BNA article provides practical pointers to help contractors turn the high-level DSS guidance into a detailed but practical plan.

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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....