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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.


Insights

Client Alert | 3 min read | 11.24.25

Bipartisan State Attorneys General and Industry Leaders Launch National Task Force on Artificial Intelligence

Utah Attorney General Derek Brown (R) and North Carolina Attorney General Jeff Jackson (D) have announced a nationwide bipartisan “AI Task Force,” in partnership with major AI developers (including OpenAI and Microsoft) and the Attorney General Alliance (AGA), a bipartisan nonprofit that serves as a forum for attorneys general around the United States to discuss and collaborate on policy and enforcement initiatives....