Breach Of Good Faith Doesn't Require Malice
Client Alert | 1 min read | 04.03.06
The Court of Federal Claims in the unusual factual situation of Agredano v. U.S. (Mar. 27, 2006) took the opportunity to reinforce the growing body of decisional law that a party does not have to show subjective malice or intent to injure by a government employee to be able to recover for breach of good faith and fair dealing duties. In this case, Mexican nationals who bought a car seized by the Customs Service at a forfeiture sale "as is" and were then locked up for a year in Mexico when it was discovered at a traffic checkpoint that the upholstery was stuffed with marijuana stated a valid claim for breach of good faith duties to search the car and make sure it was "legal" before offering it for sale.
Insights
Client Alert | 3 min read | 04.01.25
D.C. Circuit Rejects Copyrightability of Artwork Created Autonomously by AI
In a unanimous opinion issued by the D.C. Circuit on March 18, 2025, the Court of Appeals affirmed denial of Dr. Stephen Thaler’s application to register a copyright protection for a work created by his generative artificial intelligence system, holding that the Copyright Act requires human authorship.
Client Alert | 2 min read | 04.01.25
Client Alert | 4 min read | 04.01.25
For Better or MORSE: Another Settlement Under DOJ’s Civil Cyber-Fraud Initiative
Client Alert | 4 min read | 04.01.25
Hatch-Waxman PTE for Reissue Patents Should Be Calculated From the Original Patent’s Issue Date
