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 | 4 min read | 02.04.26
DOJ Antitrust Division Issues First-Ever Award Under Whistleblower Rewards Program
On January 29, 2026, the U.S. Department of Justice (DOJ) Antitrust Division (Division) and U.S. Postal Service announced the first-ever payment under the antitrust whistleblower rewards program, awarding $1 million to an individual whose information led to a $3.28 million fine as part of a deferred prosecution agreement with EBLOCK Corporation, an online auction platform for used vehicles.
Client Alert | 4 min read | 02.04.26
New York District Court Confirms Insurance Coverage Must Mean Something
Client Alert | 13 min read | 02.04.26
Client Alert | 2 min read | 02.03.26
