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Business Litigation

A Contractor Makes a Dangerous Gamble When Its Bid Price Assumes the Approval of Local Permitting Authorities

On Behalf of Berenzweig Leonard, LLP | January 27, 2014 | Business Litigation

Should a federal government construction contractor assume that its permit request for a construction project will be approved by local state authorities? Absolutely not, according to the United States Court of Appeals for the Federal Circuit. The Federal Circuit found that the plain language of FAR’s Permits and Responsibilities Clause, which…

Venue Selection Clauses Give Companies Leverage in Litigation

On Behalf of Berenzweig Leonard, LLP | January 24, 2014 | Business Litigation

Many contracts, especially those between sophisticated parties, contain clauses specifying the state in which disputes arising out of the agreement must be litigated.  For instance, a company headquartered in Virginia would want to specify that all disputes be litigated in a predetermined county or federal court in Virginia. While…

Avoiding Careless Proposal Preparation Can Help Save Business

On Behalf of Berenzweig Leonard, LLP | January 17, 2014 | Business Litigation

In a recent and instructive case, a company that had successfully performed contracts at Camp Pendleton for almost a decade lost a recent contract because it carelessly prepared its proposal. It failed to follow precisely the proposal instructions, relying instead on two wrong assumptions. First, it assumed that its…

Decision 4. Bring an FSS Dispute to the One Contracting Officer Who Can Resolve It

On Behalf of Berenzweig Leonard, LLP | January 16, 2014 | Business Litigation

Berenzweig Leonard is beginning the New Year with a summary of four important government contract legal decisions handed down in 2013. We began by describing in two blog articles the problems a government contractor can get into as a result of “apparent…

Decision 3. Deal with the Contracting Officer and Get the Decision in Writing

On Behalf of Berenzweig Leonard, LLP | January 15, 2014 | Business Litigation

Berenzweig Leonard is beginning the New Year with a summary of four important government contract legal decisions handed down in 2013. We began by describing in two blog articles the problems a government contractor can get into as a result of “apparent authority”, a one-sided legal concept that does not apply to…

Decision 2. Corporate Liability for Employee Kickbacks

On Behalf of Berenzweig Leonard, LLP | January 14, 2014 | Business Litigation

Berenzweig Leonard is beginning the New Year with a summary of four important government contract legal decisions handed down in 2013. A previous blog article discussed the one-sided legal concept of “apparent authority” that applies to a government contractor but not to the government. Today we discuss another problem…

Decision 1. Do Not Create “Apparent Authority”

On Behalf of Berenzweig Leonard, LLP | January 13, 2014 | Business Litigation

With so many government contract legal decisions handed down during any year, it’s helpful at the start of the New Year to summarize those handed down the previous year that impact a government contractor’s bottom line. Over the next four days, we will provide a summary of an important decision from last year,…

Is It Time to Pop the Hood and Update Your Social Media Policy?

On Behalf of Berenzweig Leonard, LLP | January 13, 2014 | Business Litigation , Employment & Labor Law , Intellectual Property

You’ve sat down with your lawyer, put together a stellar social media policy for your business, and made sure that all your employees are aware of the rules. At this point, you might think that you’ve reached a safe harbor and can put the issue of social media…

Companies Can Now Fight Back Against Anonymous Online Criticism

On Behalf of Berenzweig Leonard, LLP | January 11, 2014 | Business Litigation

It is every company’s worst nightmare: An anonymous poster goes online and makes negative and disparaging statements about the company.  In the social media age we are in, this unfortunate scenario has played out countless times on such sites as Yelp, Rip-Off Report, and other online review sites.  Companies…

Supervisor’s Comment About Employee Was Not Evidence Of Age Discrimination

by Declan Leonard | January 9, 2014 | Business Litigation

An IBM employee with a spotty performance record claimed his firing was the result of age discrimination.  As evidence, he produced a text message between two HR managers at IBM in which one asked about the employee’s “shelf life.”  The fired employee also claimed that an employee retention…