by John W. Polk | Mar 4, 2020 | Business Litigation
Hernandez v. Mesa, ___ U.S. ___, No. 17-1678 (25 February 2020) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court held that a person claiming to be the victim of an unlawful arrest and search could bring a 4th Amendment claim for...
by Declan Leonard | Feb 13, 2020 | Business Litigation
Last month, Maryland officially “banned the box” and enacted legislation that prohibits employers from initially seeking job applicants’ criminal records. Maryland now joins the District of Columbia and 13 other states that mandate removing criminal history questions...
by Shakir Hussaini | Feb 13, 2020 | Business Litigation
Maryland and Virginia are the most recent states taking initiatives to enact consumer-focused privacy laws. They join a growing trend among states to pass privacy protection laws aimed at protecting their residents. The most notable and widely talked about was the...
by John W. Polk | Jan 6, 2020 | Business Litigation
ROTKISKE v. KLEMM, ___ U.S. ___, No. 18-328 The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors who engage in certain prohibited practices. The statute provides that a private action must “be filed within one...
by Terrence O'Connor | Sep 20, 2019 | Business Litigation
GAO recently addressed a relatively rare protest issue: a protest of the government’s conversion of a sealed bid solicitation into a negotiated procurement solicitation based on unreasonable bid prices. When the Army wanted to build an access control point at Fort...
by John W. Polk | Sep 9, 2019 | Business Litigation
SANDERS, et al., v. UNITED STATES OF AMERICA, ___ F.3d ___, U.S. Court of Appeals for the Fourth Circuit, No. 18-1931 (30 August 2019). Federal law prohibits several categories of persons from buying or possessing a firearm, including anyone who is an unlawful user of...
by John W. Polk | Aug 5, 2019 | Business Litigation
KNICK v. TOWNSHIP OF SCOTT, PENNSYLVANIA, ___ U.S. ___, No. 17-647 (21 June 2019) The Takings Clause of the Fifth Amendment states that “private property [shall not] be taken for public use, without just compensation.” The Supreme Court has long held that property...
by Terrence O'Connor | Jul 17, 2019 | Business Litigation
We have previously blogged about some of the critical differences between an offer submitted in response to a Request for Proposal (RFP) and a quote submitted in response to a Request for Quotation (RFQ). A recent decision of the Government Accountability Office (GAO)...
by John W. Polk | Jul 9, 2019 | Business Litigation
Antitrust; direct purchaser rule Facts In 2007, Apple introduced the iPhone. The next year, Apple created an electronic App Store where consumers could buy apps for their iPhones. The apps sold to consumers are developed by third-party app developers, not by Apple. ...
by John W. Polk | Jul 3, 2019 | Business Litigation
GAMBLE v. UNITED STATES, ___ U.S. ___ No. 17-646 (2019) I. Facts and lower court rulings In 2008, Terance Gamble was convicted of a felony in Alabama. Subsequently, in 2015, Gamble was stopped for a traffic violation. The officer detected the odor of marijuana...
