Good Faith Duties in Procurements Confirmed
Client Alert | less than 1 min read | 11.13.12
Working around overbroad dicta in a recent decision of the Federal Circuit that DOJ has been trying to exploit, Judge Lettow in J.C.N. Constr., Inc. v. U.S. (Nov. 6, 2012) joined other CFC judges in affirming that the government still has an implied, good faith duty to treat bidders fairly and impartially. To work around the dicta, the CFC judges are saying this duty now emanates from subsection (b) of 28 U.S.C. § 1491, rather than from (a), from where it has traditionally been found to lodge.
Contacts
Insights
Client Alert | 7 min read | 11.24.25
Draft Executive Order Seeks to Short-Circuit AI State Regulation
President Trump is preparing to sign an Executive Order that would seek to forestall state regulation of artificial intelligence (AI) by threatening federal lawsuits and the withholding of some federal funds. The draft, unsigned six-page Executive Order, “Eliminating State Law Obstruction of National AI Policy” (EO), the text of which has been circulating publicly since November 19, would declare it the policy of the Administration “to sustain and enhance America’s global AI dominance through a minimally burdensome, uniform national policy framework for AI.”
Client Alert | 3 min read | 11.21.25
Client Alert | 3 min read | 11.20.25
Client Alert | 3 min read | 11.20.25
