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The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more
Investors filed a derivative suit claiming that the company knew about, and failed to mitigate known, existing cybersecurity risks and shortfalls prior to the security breach. In early November, pension funds and...more
It is not often that a United States Court of Appeals issues a decision on trade secrets, much less one involving the review of a bench trial that drew legal conclusions on the scope of trade secret law and the propriety of...more
The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a...more
For many years, lessors of space to the federal government have struggled with the remedies available to them when the government continues to occupy the space after the expiration of the lease. Such “holdover” tenancies...more
The Court of Federal Claims directed judgment for the Government in a case where nearly thirty percent of the anticipated drilling elevations were incorrect, yet the geotechnical report was clear that the contractor should...more
The contractual duty of “good faith and fair dealing” is well established in private contracts. Depending on your jurisdiction, there is very likely either a formal or an informal rule that parties to a contract must deal...more
Notes from the Chair and Executive Editor - Welcome to the final edition of SuperVision Today for 2016. The topic that has consumed the time and interest of many human resource professionals in recent days has been the...more
It is likely that most prime contractors, at one time or another, have felt that their Government customer was not treating them fairly. It is not always clear, however, when conduct that the contractor views as unfair or...more