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Business Litigation

Stretching the Limits of “Scheme Liability”

On Behalf of Berenzweig Leonard, LLP | June 29, 2018 | Business Litigation , M&A and Corporate

On Monday, June 18, 2018, the United States Supreme Court granted a request to review SEC v. Francis Lorenzo, a case that asks the Justices to clarify the limits of so-called “scheme liability” under the federal securities laws given the limits on so-called “statement liability” established by prior Supreme Court…

Searching for the Fourth Amendment in the Trunk of a Rental Car

On Behalf of Berenzweig Leonard, LLP | June 21, 2018 | Business Litigation

Byrd v. United States, ___ U.S. ___, No. 16-1371 (14 May 2018) One day in September 2014, Terrence Byrd and his friend Latasha Reed drove in Byrd’s Honda Accord to a Budget car-rental facility in New Jersey.  Byrd stayed in the parking lot in his Honda while Reed went to…

The Supreme Court Takes the Cake

On Behalf of Berenzweig Leonard, LLP | June 12, 2018 | Business Litigation

Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, ___ U.S. ___, No. 16-111 (4 June 2018) This is a case in which one Constitutional right collided with two other Constitutional rights and presented the Court with a difficult decision. Mr. Phillips operates the Masterpiece Cakeshop.  Phillips is not an ordinary…

Providing a Little Knowledge of Wiretaps

On Behalf of Berenzweig Leonard, LLP | June 7, 2018 | Business Litigation

Dahda v. United States, ___ U.S. ___, No. 17-43 (14 May 2018). I have never agreed with Plato’s dictum that a little knowledge of geometry is a dangerous thing.  After all, everyone starts with only a little knowledge when learning anything.  What is dangerous is not a little knowledge but…

Supreme Courts Strikes Down the Professional and Amateur Sports Protection Act

On Behalf of Berenzweig Leonard, LLP | June 1, 2018 | Business Litigation

On 14 May 2018, the Supreme Court decided Murphy, et al. v. NCAA, et al., ___ U.S. ___, No. 16-476, striking down the Professional and Amateur Sports Protection Act (PASPA). PASPA made it unlawful for a state or its subdivisions to sponsor, operate, advertise, promote, license, or authorize by law…

An Important Case that Impacts Arbitration Between Employers and Employees

On Behalf of Berenzweig Leonard, LLP | May 31, 2018 | Business Litigation , Employment & Labor Law

Epic Systems Corp. v. Lewis, ___ U.S. ___, No. 16-285 (21 May 2018) This is an important case that will impact the use of arbitration to litigate disputes between employers and their employees. The decision concerns three consolidated cases that differ in detail but not in substance. In each case,…

Possible Relief for a Small Business’s “Growing Pains”

On Behalf of Berenzweig Leonard, LLP | May 7, 2018 | Business Litigation

Success can actually be a real problem for a small business. The more that its success increases its revenue or work force, the closer a small business comes to outgrowing its status as a small business. Losing small business status forfeits many advantages a small business has in winning government…

The EU’s GDPR Will Affect Many US Businesses

On Behalf of Berenzweig Leonard, LLP | March 2, 2018 | Business Litigation

The European Union’s new General Data Protection Regulation (GDPR), which takes effect on May 28, 2018, automatically applies to the twenty-eight EU Member states and three EEA (European Economic Area) states. One of GDPR’s key features, “extraterritorial application,” affects all US companies with personnel in the EU (either permanently or…

Formerly Small Business Not an Interested Party to Challenge Small Business Set-Aside Award

by Stephanie Wilson | February 19, 2018 | Business Litigation

Occasionally, a bidder’s size status changes during the course of a procurement. What happens if a bidder that was small when it submitted its initial proposal is no longer small when the agency requests size recertifications during the corrective action process? Will that bidder have standing to file a protest?…

Berenzweig Leonard Discusses GDPR at the CAPRE Data Center Forecast

On Behalf of Berenzweig Leonard, LLP | February 6, 2018 | Business Litigation , Firm News

Data center developers, investors, capital sources and colocation firms attended CAPRE’s 2018  Data Center Forecast on January 31, 2018 held at 1757 Golf Club in Ashburn, VA.  This important year-in-review and 2018 forecast reviewed the national data center outlook as well as the Mid-Atlantic outlook.  It again placed Virginia at…