The Story of Bad Faith in Government Contracts
Client Alert | less than 1 min read | 10.22.14
In his article "A Twice-Told Tale: The Strangely Repeated Story of 'Bad Faith' in Government Contracts," published in the latest issue of The Federal Circuit Bar Journal, C&M's Rick Claybrook tells the story of how the Supreme Court over 50 years ago suddenly injected intentional animus into the analysis of whether the government acted in bad faith in its dealings with contractors—and promptly got rebuffed by Congress. He suggests that the Federal Circuit, ironically, has repeated the same error in some of its more recent decisions.
Insights
Client Alert | 7 min read | 06.24.26
On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch.
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