Animus Unnecessary for Improper Termination
Client Alert | 1 min read | 04.09.13
In a decision that catalogued and continued the confusion in the Federal Circuit's case law concerning when a termination for convenience may be challenged as improper and, thus, give rise to breach damages, the CFC in Tigerswan, Inc. v. U.S. (Apr. 2, 2013) rebuffed the government's position that, to prevail, the contractor must always show a specific intent to harm the contractor. It then ruled that the contractor could not show a breach of good faith duties because the contract contained a termination clause, but then also ruled that actionable bad faith is shown if the government has engaged in improper self-dealing (which tracks the Restatement's definition of breach of good faith duties).
Insights
Client Alert | 8 min read | 07.16.25
In our first alert in this weekly series on the EU Pharma Package we provided some important background and general information about the status of the Pharma Package and how the trilogues work, and in the second alert we discussed the proposed changes to regulatory data protection.
Client Alert | 2 min read | 07.15.25
Client Alert | 10 min read | 07.15.25
Fueling The Future: Understanding The EU’s Clean Industrial Deal State Aid Framework (CISAF)
Client Alert | 5 min read | 07.14.25
The European Commission issues competition guidance in the transport sector
