Business Litigation
On Behalf of Berenzweig Leonard, LLP | September 10, 2012 |
Business Litigation
Although vendors can give the government a “proposal acceptance period” after which the vendor’s prices are no longer valid, the government can ask vendors to extend that period so the government can have more time to evaluate offers. When asked to extend, it’s risky to refuse because reviving an expired…
On Behalf of Berenzweig Leonard, LLP | September 10, 2012 |
Business Litigation
Although the government can be flexible and agree to pay an equitable adjustment for extra work on a fixed-price government contract instead of fighting a claim, doing so just once does not create a “course of dealing” that guarantees the government must always do so in the future.
On Behalf of Berenzweig Leonard, LLP | September 10, 2012 |
Business Litigation
Businesses often store proprietary information in automated systems, and it is much easier to pilfer proprietary information. It can be done with a few keystrokes. In a commendable burst of foresight, in 1986 Congress saw this problem looming on the horizon and enacted the Computer Fraud and Abuse…
On Behalf of Berenzweig Leonard, LLP | September 10, 2012 |
Business Litigation
The Department of Justice recently joined a whistleblower’s lawsuit alleging that The Gallup Organization (Gallup) violated the Truth in Negotiations Act (“TINA”), 10 U.S.C. §2306a, in United States ex rel. Lindley v. Gallup, DCDC No. 1:09cv01985. TINA provides that (in most cases), before the government awards a…
On Behalf of Berenzweig Leonard, LLP | September 10, 2012 |
Business Litigation
In a recent legal decision that could have a big impact on contractors, the D.C. federal court has ruled that awarding contracts to minority owned companies under the government’s Section 8(a) Program may be unconstitutional. The 8(a) Program was designed to remedy past effects of discrimination against minority…
On Behalf of Berenzweig Leonard, LLP | September 10, 2012 |
Business Litigation
Today, every business knows how important its online reputation is when it comes to attracting new customers. With businesses becoming increasingly impacted by online review sites, many have taken to the courts in an effort to protect themselves against negative internet postings. One such advertising company,…
On Behalf of Berenzweig Leonard, LLP | August 21, 2012 |
Business Litigation
In the case of WEC Carolina Energy Solutions LLC v. Miller, employee Miller had access to his employer WEC’s computer files. Miller accessed WEC’s files using his valid log-in rights, but then downloaded information in order to help another company compete against WEC. WEC found out what Miller did and…
On Behalf of Berenzweig Leonard, LLP | August 21, 2012 |
Business Litigation
The general rule regarding out-of-court settlements for claims brought under the Fair Labor Standards Act (“FLSA”) is that in order to be enforceable, the settlement agreement must be approved by the Department of Labor or by a court. This rule has long posed a burden on employers because unlike…
On Behalf of Berenzweig Leonard, LLP | August 21, 2012 |
Business Litigation
Extreme competition among government contractors for ever-increasing federal dollars has sparked a wave of “how low can you go” bidding wars among contractors. Although a bidder may want to submit low bid prices to win a cost-reimbursement contract, the bids must be the actual prices and must have…
by Stephanie Wilson | August 20, 2012 |
Business Litigation
The dangers associated with texting while driving are well known. Today, thirty-nine states, D.C., Guam and the Virgin Islands ban text messaging for all drivers. On August 4, 2011, the FAR was amended to include Clause 52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving.
