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Animus Unnecessary for Improper Termination

Client Alert | 1 min read | 04.09.13

In a decision that catalogued and continued the confusion in the Federal Circuit's case law concerning when a termination for convenience may be challenged as improper and, thus, give rise to breach damages, the CFC in Tigerswan, Inc. v. U.S. (Apr. 2, 2013) rebuffed the government's position that, to prevail, the contractor must always show a specific intent to harm the contractor. It then ruled that the contractor could not show a breach of good faith duties because the contract contained a termination clause, but then also ruled that actionable bad faith is shown if the government has engaged in improper self-dealing (which tracks the Restatement's definition of breach of good faith duties).


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Client Alert | 3 min read | 01.26.26

8(a) Participants – and the 8(a) Program – Under the Microscope or on the Chopping Block

The Small Business Administration (SBA) has rolled out changes to its 8(a) Program even as it suspends 8(a) participants for failure to respond to the SBA’s December 5, 2025 8(a) audit letters....