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You Makes Your Choice And Takes Your Chances

Client Alert | less than 1 min read | 05.30.06

The Federal Circuit in the Winstar -related case of Old Stone Corp. v. U.S. (May 25, 2006) struck down a $118 million restitutionary damages award to the bank, explaining that, because the bank decided to continue operating after the breach occurred, attempting to make a go of it despite the government's breach, it had waived its right to declare a "total breach" and collect restitutionary damages to put it back in the pre-contracting situation when it went under several years later. On the other hand, foreseeable damages directly related to mitigating the effects of the breach, in this case $74.5 million, were available, and that part of the judgment was affirmed.

Insights

Client Alert | 6 min read | 03.18.26

CFTC Takes Additional Steps Toward Prediction Market Regulation: What You Need to Know

On March 12, 2026, the U.S. Commodity Futures Trading Commission (CFTC) took formal steps toward establishing additional regulations for prediction markets. The agency issued an Advanced Notice of Proposed Rulemaking (ANPRM) soliciting public input on potential new rules, and separately, released staff guidance outlining its views on how existing rules apply to prediction market platforms currently in operation. These developments signal a significant shift in the regulatory landscape for an industry that has grown rapidly over the past year....