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Bill Requiring White House to Provide Sequestration Specifics Moves Forward

Client Alert | less than 1 min read | 07.27.12

Following bipartisan passage (414-2) in the House on July 18, the Senate on Wednesday passed the Sequestration Transparency Act of 2012 requiring OMB to prepare a report for Congress within 30 days identifying each account to be sequestered and the resulting reductions at the program, project, and activity level; itemizing all exempt accounts; and providing any other data and explanations necessary to enhance public understanding of the sequester. While the Administration initially opposed the Act, press reports now indicate that the President will likely sign the bill into law.

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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....