The Story of Bad Faith in Government Contracts
Client Alert | 1 min read | 10.22.14
In his article "A Twice-Told Tale: The Strangely Repeated Story of 'Bad Faith' in Government Contracts," published in the latest issue of The Federal Circuit Bar Journal, C&M's Rick Claybrook tells the story of how the Supreme Court over 50 years ago suddenly injected intentional animus into the analysis of whether the government acted in bad faith in its dealings with contractors—and promptly got rebuffed by Congress. He suggests that the Federal Circuit, ironically, has repeated the same error in some of its more recent decisions.
Insights
Client Alert | 3 min read | 03.28.24
UK Government Seeks to Loosen Third Party Litigation Funding Regulation
On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28. The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable.
Client Alert | 6 min read | 03.26.24
Client Alert | 11 min read | 03.26.24
Client Alert | 6 min read | 03.21.24
Federal District Court Rules Corporate Transparency Act Unconstitutional