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 | 11.03.25
The Founder’s Guide to Effective Year-End Board Meetings
As a founder, your days are packed — building product, managing people, and trying to grow fast enough to stay alive. It’s easy for the end of the fiscal year to sneak up on you. But year-end board meetings are one of your best opportunities to show investors that your company is operating effectively and that you’re a thoughtful, disciplined leader.
Client Alert | 13 min read | 10.30.25
Federal and State Regulators Target AI Chatbots and Intimate Imagery
Client Alert | 3 min read | 10.30.25
Is Course Hero Heading to Summer School After Summary Judgment Loss?
Client Alert | 6 min read | 10.29.25
Enhancing UK cyber security resilience and leadership engagement
