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Changes to the Revolving Door: Trump’s Ethics Executive Order

Client Alert | less than 1 min read | 01.30.17

On January 28, 2017, President Trump issued an executive order setting forth the ethics restrictions for its executive agency appointees. These restrictions, discussed more fully in our blog post, are simultaneously more restrictive and less restrictive than their 2009 Obama counterparts, and appear to be more focused on appointees’ conduct following their exit from Government rather than on their conduct preceding and during their appointments.

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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....