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 | 3 min read | 11.05.25
On October 29, 2025, the attorneys general of Florida, Texas, Iowa, Nebraska, and Montana (the “State AGs”) jointly issued letters to three sustainability groups asserting that their plastics recycling initiatives may violate state and federal antitrust and consumer protection laws.
Client Alert | 6 min read | 11.05.25
The EU’s Defense Readiness Roadmap and Omnibus: What Are the Competition Law Implications?
Client Alert | 6 min read | 11.03.25
ICE Is Suddenly At The Door: How Retailers, Hospitals, And Hotels Can Survive The Surprise Visitor
Client Alert | 6 min read | 11.03.25
