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).
Insights
Client Alert | 3 min read | 10.24.25
On October 23rd, the U.S. Department of Energy (“DOE”) sent a letter to the Federal Energy Regulatory Commission (“FERC”) containing an Advance Notice of Proposed Rulemaking (“ANOPR”) with principles for all large load interconnections across the US, including those co-located with generating facilities.[1] Significantly, the Secretary of Energy states that the interconnection of large loads to the transmission system “falls squarely” within FERC’s jurisdiction, thus weighing in on a dispute that has been pending before FERC for over a year. This move appears to be a reaction to the continued pendency before FERC of the colocation dockets[2] and a technical conference on colocation held almost a year ago.[3]
Client Alert | 3 min read | 10.24.25
Client Alert | 3 min read | 10.23.25
Are You Ready for the Economic Crime and Corporate Transparency Act? Key Changes for Businesses
Client Alert | 8 min read | 10.23.25
Ransomware on the Rise: The Expanding Role of Legal Counsel in Incident Response
