it alleging breach of contract if it has failed to return or destroy the Confidential Materials in its possession. See Alai Nissay Dowa Ins. Co. v. ProSight Specialty Mgmt Co., No. 12-cv-3274, 2012 WL 3583176, at *6 (S.D.N.Y. Aug. 21, 2012). But that does not strike this Court as a reason for the Government to carry the f