Court Limits Good Faith Presumptions Of Government
Client Alert | 1 min read | 07.14.05
In a scholarly analysis that traces the history of the presumptions of regularity and good faith duties, Judge Wolski of the Court of Federal Claims in Tecom, Inc. v. U.S. (June 27, 2005) explains the proper scope of the presumptions. Among the conclusions he draws are that (a) subjective animus and the presumption of good faith conduct of government officials has no relevance in considering a breach of the implied covenant of good faith and fair dealing; (b) clear and convincing evidence is only needed when fraud or quasi-criminal wrongdoing is alleged; and (c) the presumption of regularity generally means only that the predicate acts that were required of public officials can be presumed upon proof of their natural results, which can be rebutted by a preponderance of the evidence.
Insights
Client Alert | 6 min read | 03.18.26
CFTC Takes Additional Steps Toward Prediction Market Regulation: What You Need to Know
On March 12, 2026, the U.S. Commodity Futures Trading Commission (CFTC) took formal steps toward establishing additional regulations for prediction markets. The agency issued an Advanced Notice of Proposed Rulemaking (ANPRM) soliciting public input on potential new rules, and separately, released staff guidance outlining its views on how existing rules apply to prediction market platforms currently in operation. These developments signal a significant shift in the regulatory landscape for an industry that has grown rapidly over the past year.
Client Alert | 4 min read | 03.18.26
Client Alert | 4 min read | 03.18.26
Client Alert | 9 min read | 03.18.26
The Belgian Competition Authority's 2026 Priorities: What In-House Counsel Need to Know
