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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 | 11.06.25

Executive Branch Focus on Federally Funded Inventions

In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act....