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OGE Issues Final Rule on Gifts

Client Alert | 1 min read | 11.22.16

The Office of Government Ethics has issued a final rule revising the Standards of Ethical Conduct for Employees of the Executive Branch applicable to the solicitation and acceptance of gifts from outside sources imposing a duty to decline otherwise permissible gifts when the appearance of impropriety is present, adding new examples of how to apply the rules, codifying previous interpretations of the gift rule, and retaining the $20 de minimis exception. In the rule, discussed more fully here, OGE says it will provide additional guidance and training as warranted.

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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....