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 | 5 min read | 03.30.26
Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
On March 26, 2026, President Trump issued an executive order (EO) titled Addressing DEI Discrimination by Federal Contractors. The EO declares diversity, equity, and inclusion (DEI) “activities” “unethical and often illegal,” and imposes new obligations on federal contractors and subcontractors related to DEI programming. Contractors that do business with the federal government — or that work as subcontractors for companies that do — should review the EO closely to determine the extent to which they are compliant with the new requirements.
Client Alert | 5 min read | 03.30.26
Firewall Up: FCC Bars Foreign-Made Routers in New Covered List Update
Client Alert | 4 min read | 03.30.26
Landmark Verdicts Against Meta and YouTube Signal New Era of Social Media Platform Liability
Client Alert | 5 min read | 03.30.26
The EU Pharma Package: The Transferable Exclusivity Voucher Compromise Proposal
