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Setting A New Record, FCA Recoveries Reach $5 Billion in FY2012

Client Alert | less than 1 min read | 12.05.12

DOJ's Acting Associate Attorney General, Tony West, announced that the government recovered nearly $5 billion in settlements and judgments under the False Claims Act in FY2012, the largest recovery for a single year. You can read Mr. West's prepared remarks here, in which he notes there were 650 new qui tam actions filed this year, the most ever, and that the majority of the government's recoveries came from whistleblower suits.


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....