No Fun(ding): GAO, Courts, and Boards Describe Operations During Government Shutdown
Client Alert | 1 min read | 10.01.13
On October 1, the federal government officially "shut down" operations (discussed here), and for contractors appearing before various forums, the impacts will vary: the GAO is closed during the shutdown and any deadline for a private party that falls on a day it is closed will be extended to the first day that GAO resumes operations (although filings can still be made electronically); the ASBCA and the CBCA will remain open for the purpose of accepting filings from parties and the CBCA has explicitly stated that it will not waive or toll any statutory time limits; the Court of Federal Claims "will continue to hear and decide cases without interruption"; and the Federal Circuit will remain open for normal business through at least October 11.
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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
