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Termination Clause Trumps Cost-Sharing

Client Alert | less than 1 min read | 01.23.06

The Federal Circuit in Jacobs Eng'g Group, Inc. v. U.S. (Jan. 19, 2006) had before it the interesting scenario of the government terminating a contract with an 80/20 cost share and the contractor insisting that it should get "all" its costs under the termination for convenience clause, not just 80% per the cost share. The court agreed, because the cost share had not been specifically incorporated in the termination clause and the termination had deprived the contractor of his compensating benefit for taking the cost share in the first place, patent rights in the finished work.

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Client Alert | 6 min read | 08.11.26

Lending Against Digital Assets: Five Key Takeaways for Lenders After a Year of Regulatory and UCC Change

Over the past 18 months, the federal banking agencies have clarified supervisory expectations for banks’ crypto-asset activities, and several of the largest U.S. banks have announced programs accepting Bitcoin and Ether as loan collateral. Separately, on June 3, 2026, New York’s enactment of the 2022 amendments to the Uniform Commercial Code took effect, changing the rules governing the perfection of a security interest in digital asset collateral in New York, the jurisdiction whose law governs most institutional credit documentation. Together, these developments may create significant opportunities for lenders navigating the complexities to comply with the newly enacted statutes. This alert surveys the current landscape, from regulatory permissibility and perfection through custody, structuring, and compliance, for institutions active in this market or considering entering it....