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Bad Faith Conduct Pervades Contract

Client Alert | less than 1 min read | 04.25.07

Judge Allegra of the Court of Federal Claims in a lengthy opinion in North Star Alaska Housing Corp v. U.S. (Apr. 2, 2007) finds that the Army's actions and attitudes soured a long-term contract with a housing project contractor and equated to bad faith. Among other things, the court faulted the Army for using its discretion to increase the costs of the contractor's performance, changing contract interpretations midstream to reduce the contractor's income, holding incentive payments hostage, denying meritorious claims to leverage others, and allowing the program personnel to dictate contracting positions to the contracting officers.

Insights

Client Alert | 3 min read | 02.13.26

Recent Developments in U.S. Merger Enforcement: HSR Rule Overturned and Leadership Changes at DOJ Antitrust Division

In October 2024, the FTC adopted a final rule that substantially modified the HSR form, requiring new categories of information and documents. The final rule was the most significant overhaul of the HSR premerger notification requirements in decades. The new requirements imposed additional time and expense on merging parties, with the FTC estimating that the new form would likely take triple the amount of time to complete than the previous form. Numerous groups, including the U.S. Chamber of Commerce, sued to challenge the rule....