Agency Playing Favorites Leads To Bad Faith Termination
Client Alert | less than 1 min read | 10.18.05
While the government has significant discretion under the termination for convenience clause to end a contract, that discretion is not limitless. In Advanced Team Concepts, Inc. v. U.S. (Sept. 28, 2005), the Court of Federal Claims held that a termination was in bad faith and thus a breach of contract permitting lost profits when the reason for the termination was simply to shift the work to the recently departed director of the agency.
Insights
Client Alert | 7 min read | 08.17.26
Delayed Notification of Cyberattacks May Trigger HIPAA Breach Notification Rule
After identifying a ransomware attack in 2021, OSF Healthcare System waited until its forensic investigation had concluded before notifying the U.S. Department of Health and Human Services (HHS) — and the affected individuals — of the breach. The 110-day delay (nearly double the 60-calendar-day notification deadline mandated by the HIPAA Breach Notification Rule) triggered an investigation from HHS’s Office for Civil Rights (OCR). The health system’s investigation determined that protected health information (PHI) had been stolen.
Client Alert | 4 min read | 08.14.26
License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
