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Agency Playing Favorites Leads To Bad Faith Termination

Client Alert | less than 1 min read | 10.18.05

While the government has significant discretion under the termination for convenience clause to end a contract, that discretion is not limitless. In Advanced Team Concepts, Inc. v. U.S. (Sept. 28, 2005), the Court of Federal Claims held that a termination was in bad faith and thus a breach of contract permitting lost profits when the reason for the termination was simply to shift the work to the recently departed director of the agency.

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Client Alert | 2 min read | 09.18.25

FDA Announces Intention to Initiate an Aggressive Enforcement Campaign Against Misleading Pharmaceutical Advertising

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”...