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New Zealand Companies Out of the 'Chillybin'

Client Alert | less than 1 min read | 08.19.15

On August 12, the U.S. in a Federal Register notice confirmed that it "has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of New Zealand beginning on August 12, 2015," due to the WTO's approval of New Zealand as a member of the WTO Agreement on Government Procurement (GPA). Joining the 43-member GPA will provide new access to the U.S. federal marketplace for New Zealand-based companies, including "designated country" status under the Trade Agreements Act, and will open immediate doors to federal government contracting opportunities, including GSA and VA Schedule contracts, that generally limit  acquisition to end products that are manufactured or substantially transformed in the U.S. or a "designated country."

 

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....