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Federal Circuit Clarifies Implied Duty of Good Faith and Fair Dealing

Client Alert | 1 min read | 02.19.14

In an important decision clarifying the implied duty of good faith and fair dealing, the Federal Circuit in Metcalf Constr. Co. v. United States (Feb. 11, 2014) held that specifically targeted conduct is not required to prove a breach and rejected the government's assertion that violation of an express provision of the contract is a prerequisite to liability, while observing that the scope of the duty depends on the context of the particular contract and its "contemplated value." The court also vacated the judgment for the government on the ground that the contractor was not to bear the risk of error in the government's affirmative representations made in pre-bid documents.


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Client Alert | 6 min read | 01.16.26

Trump Administration Rolls Out New DOJ Division for National Fraud Enforcement

On January 8, 2026, the Trump Administration announced the creation of a new Division for National Fraud Enforcement within the Department of Justice (DOJ). The division will be led by a newly appointed Assistant Attorney General (AAG), pending Senate confirmation, who will report directly to both the President and Vice President and operate out of the White House. Such a reporting structure is unprecedented in the history of the DOJ....