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T4C, IDIQ Clauses Are No Safe Harbor Against Breach Damages

Client Alert | less than 1 min read | 09.12.06

The AGBCA in Ardco, Inc. (Aug. 2, 2006), grounded the government's attempt to resort to the termination for convenience clause to avoid lost profit damages for breach when it wrecked the contractor's aircraft and caused it to lose revenue for part of the contract term. Nor did the government's argument fly that the lack of a contractual guarantee of any further revenue under an IDIQ contract defeats a lost profits claim, as the contractor is free to prove what work it likely would have received as the basis for its breach damages

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Client Alert | 3 min read | 04.23.24

DOJ Promises NPAs to Certain Individuals Through New Voluntary Self-Disclosure Pilot Program

On April 15, 2024, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”) Nicole Argentieri announced a new Pilot Program on Voluntary Self-Disclosure for Individuals (“Pilot Program” or “Program”). The Pilot Program offers a clear path for voluntary self-disclosure by certain corporate executives and other individuals who are themselves involved in misconduct by corporations, in exchange for a Non-Prosecution Agreement (“NPA”). The Pilot Program specifically targets individuals who disclose to the Criminal Division at DOJ in Washington, D.C. information about certain corporate criminal conduct. By carving out a clear path to non-prosecution for those who qualify, DOJ has created another tool to uncover complex crimes that might not otherwise be reported to the Department. ...