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Will Supreme Court Address Widening Split on FCA Implied Certification Liability?

Client Alert | less than 1 min read | 08.31.15

On June 5, 2015, defense contractor Triple Canopy filed a petition for writ of certiorari calling on the Supreme Court to address the scope of the implied certification theory of FCA liability. As Crowell & Moring attorneys explain in their Feature Comment published in The Government Contractor (article available here), the Supreme Court will likely address the issue in the near future because of the current circuit split and the outcome-determinative nature of the application of the theory in FCA cases.


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Client Alert | 8 min read | 09.08.26

Saxon Woods Investments Limited v Costa [2026] UKSC 21: Good Faith in the Boardroom

The UK Supreme Court has unanimously dismissed the appeal of Mr Francesco Costa, former chairman of Spring Media Investments Limited, in the first Supreme Court judgment to consider the scope of the duty under section 172(1) of the Companies Act 2006. The foundational position is that good faith requires honest conduct as well as honest thinking. A director's genuine belief that they are acting in the company's best interests will not excuse covert or disloyal conduct in pursuit of that belief. ...