Court Limits Good Faith Presumptions Of Government
Client Alert | 1 min read | 07.14.05
In a scholarly analysis that traces the history of the presumptions of regularity and good faith duties, Judge Wolski of the Court of Federal Claims in Tecom, Inc. v. U.S. (June 27, 2005) explains the proper scope of the presumptions. Among the conclusions he draws are that (a) subjective animus and the presumption of good faith conduct of government officials has no relevance in considering a breach of the implied covenant of good faith and fair dealing; (b) clear and convincing evidence is only needed when fraud or quasi-criminal wrongdoing is alleged; and (c) the presumption of regularity generally means only that the predicate acts that were required of public officials can be presumed upon proof of their natural results, which can be rebutted by a preponderance of the evidence.
Insights
Client Alert | 4 min read | 12.08.25
California’s AB 2013 Requires Generative AI Data Disclosure by January 1, 2026
California continues its blistering pace in enacting artificial intelligence regulations. In 2024 alone, California enacted 18 AI-related bills seeking to regulate AI tools and increase transparency around AI data disclosure.
Client Alert | 4 min read | 12.04.25
District Court Grants Preliminary Injunction Against Seller of Gray Market Snack Food Products
Client Alert | 21 min read | 12.04.25
Highlights: CMS’s Proposed Rule for Medicare Part C & D (CY 2027 NPRM)
