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The Story of Bad Faith in Government Contracts

Client Alert | 1 min read | 10.22.14

In his article "A Twice-Told Tale: The Strangely Repeated Story of 'Bad Faith' in Government Contracts," published in the latest issue of The Federal Circuit Bar Journal, C&M's Rick Claybrook tells the story of how the Supreme Court over 50 years ago suddenly injected intentional animus into the analysis of whether the government acted in bad faith in its dealings with contractors—and promptly got rebuffed by Congress. He suggests that the Federal Circuit, ironically, has repeated the same error in some of its more recent decisions.


Insights

Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....