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Improper Convenience Termination Is Breach of Contract

Client Alert | 1 min read | 04.06.16

In Securiforce Int’l Am. LLC v. U.S. (Mar. 21, 2016), the Court of Federal Claims found jurisdiction to consider an action by a contractor (represented by Crowell & Moring) for a declaration that a termination for convenience had been a breach and then found that it had been. The CFC ruled that, by the agency failing even to attempt to obtain a waiver for the perceived problem with the award and by the CO not making an independent judgment, the agency acted arbitrarily and failed to honor its duty to facilitate the contractor’s performance.

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Client Alert | 3 min read | 12.13.24

New FTC Telemarketing Sales Rule Amendments

The Federal Trade Commission (“FTC”)  recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR. ...