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 | 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
