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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 | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....