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.
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Client Alert | 6 min read | 03.06.26
Tri-Agencies Release Fourth Mental Health Parity Report to Congress
On March 3, 2026, the Department of Labor (DOL), Department of Health and Human Services (HHS), and Department of the Treasury (TREAS) — collectively, the “Tri-Agencies” — published their fourth annual report to Congress on enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA). The 2025 Report demonstrates a shift in approach by the Tri-Agencies in its tone and content and suggests that federal regulators, and the DOL in particular, are not as active as they previously were in MHPAEA enforcement. However, federal enforcement remains ongoing, and state enforcement of mental health parity laws continues to grow. Plans and issuers must continue to maintain comprehensive compliance processes and documentation for MHPAEA compliance.
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Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
