Using Available Funds For Other Purposes No Excuse For Breach
Client Alert | 1 min read | 03.22.05
The Supreme Court in Cherokee Nation of Okla. v. Leavitt (Mar. 1, 2005) sustained breach actions by several Indian tribes against the Department of Interior, which had tried to avoid its contractual obligations by saying that it didn't have enough appropriated funds to meet all of its various responsibilities. In so doing, the Court reaffirmed the long-established rule for procurement contracts that, if Congress has not earmarked funds specifically for a program and "if the amount of an unrestricted appropriation is sufficient to fund the contract, the contractor is entitled to payment even if the agency has allocated the funds to another purpose or assumes other obligations that exhaust the funds," even if the contract has language such as "subject to the availability of funds."
Insights
Client Alert | 4 min read | 07.02.26
A Busy Week for Aviation Regulatory Developments
The week of June 29 brought a flurry of regulatory activity from the Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Transportation Security Administration (TSA) impacting companies across sectors including airlines, supersonic aircraft manufacturers, drone operators, and owners/operators of critical infrastructure facilities. A summary of the key developments is below.
Client Alert | 4 min read | 07.02.26
Logged Out: How LOGZONE's DIBCAC Challenges Put It Squarely in DOJ's Crosshairs
Client Alert | 6 min read | 07.02.26
Client Alert | 3 min read | 07.02.26
Prohibiting Adversarial Patents Act of 2026 (H.R. 9142): What the Drone Industry Needs to Know
