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Introducing Crowell & Moring’s Compliance “Check-Up” for Government Contractors

Client Alert | 1 min read | 03.06.18

The Government Contracts and Corporate Groups at Crowell & Moring LLP are pleased to announce our Compliance “Check-Up” for Government Contractors, focused on providing pre-sale advice to government contractors and private equity sponsors contemplating selling or fundraising in the current market.  Our team of over 80 experienced government contracts and transactional professionals stands ready to assist clients by providing (at no cost) a “Check-Up” – a diagnostic review of key diligence questions, aimed at identifying common compliance issues that can drive down sales prices and/or increase borrowing costs.  By identifying these issues early in the diligence process, sellers can avoid common traps that may negatively impact deal terms, complicate reps and warranties, and make post-merger integration more difficult and expensive.  For more information on our Compliance “Check-Up” for Government Contractors, please click here.

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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....

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