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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 | 4 min read | 12.31.25

Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act

New York Governor Kathy Hochul has signed into law the most significant update to New York’s consumer protection law in 45 years — the Fostering Affordability and Integrity through Reasonable Business Practices Act, or FAIR Business Practices Act — expanding the scope of the state’s authority to now challenge unfair and abusive business practices. The measure, backed by New York Attorney General (“AG”) Letitia James and signed on December 19, 2025, amends New York’s General Business Law § 349, giving regulators new tools to protect consumers and promote fair marketplace practices....