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Federal Contractors Need to Prepare for Possible Government Shutdown

by Stephanie Wilson | September 19, 2023 | Government Contracts

As the end of the federal government’s fiscal year approaches on September 30, 2023, contractors need to begin preparing for the possibility of a government shutdown. In this current political climate, it is quite possible that Congress will not be able to pass a spending bill or enact a continuing…

The Human Requirement: AI Alone Cannot Claim Copyright for Its Creations

by Clyde E. Findley | August 29, 2023 | Intellectual Property

The meteoric rise of artificial intelligence is making an impact across the legal landscape, as courts grapple with how to handle AI matters while the technology’s development outpaces the courts’ rulemaking procedures. Specifically in the realm of copyright law, AI has been at the forefront of many questions, challenging everything…

You’re Hired! Navigating the Use of Artificial Intelligence in Recruiting and Hiring Practices

On Behalf of Berenzweig Leonard, LLP | July 6, 2023 | Employment & Labor Law

The EEOC recently released valuable guidance for employers on the use of Artificial Intelligence (AI) during the hiring process. The EEOC guidance document titled “Assessing Adverse Impact in Software, Algorithms, and Artificial Intelligence Used in Employment Selection Procedures Under Title VII of the Civil Rights Act of 1964”[1]…

NLRB Reverses from its Employer-Friendly Independent Contractor Test

by Samy W. Abdallah | June 29, 2023 | Employment & Labor Law

The National Labor Relations Board (“NLRB”), in its June 13, 2023, The Atlanta Opera, Inc., decision, modified the standard for determining whether a worker is an employee or an independent contractor under the National Labor Relations Act (the “Act”). The ruling sees the NLRB return to its employee-friendly standard…

Dude, Where’s My Job? D.C. Offers Blazing Job Protections for Recreational Marijuana Users

by Samy W. Abdallah | June 20, 2023 | Employment & Labor Law

D.C. legislation is taking effect on July 13, 2023, giving sweeping protections to employees who use cannabis recreationally. D.C. Act 24-483, titled the “Cannabis Employment Protections Act of 2022” (the “Law”) will provide most employees in the District with protections based on their off-hours use of cannabis. While this…

New FAR Provision Prohibits TikTok on Contractor Devices

On Behalf of Berenzweig Leonard, LLP | June 8, 2023 | Government Contracts

On June 2, 2023, the FAR Council issued an Interim Final Rule implementing a new FAR provision, FAR 52.204-27, Prohibition on a ByteDance Covered Application (June 2023), that imposes on government contractors a broad prohibition on the use or even the presence of the TikTok app or other software developed…

The Crucial Role Inventors Play in IP Patents

by Clyde E. Findley | June 1, 2023 | Intellectual Property

Joint inventorship can be a thorny issue and getting it wrong can result in a patent being invalidated. Contrary to what you might expect, it is not that hard to get inventorship wrong. The inventorship mistake often happens for the simple reason that a patent attorney must rely on inventors…

Federal Contractors Need to Prepare for Possible Debt Ceiling Crisis

by Stephanie Wilson | May 22, 2023 | Government Contracts

The United States reached its debt limit in January 2023, and since then has been using “extraordinary measures” to avoid defaulting on its financial obligations, including Social Security, Medicare, salaries for military and federal civilian employees, and payments to government contractors. Treasury Secretary Janet Yellen has stated that the U.S.

When Inclusivity Excludes: Diversity, Equity, and Inclusion Programs and Title VII

by Kristin A. Zech | April 25, 2023 | Employment & Labor Law

Originally published in IRMI’s Winter 2023 issue of Employment Practices Liability Consultant (EPLiC) By Kristin A. Zech Social movements in the United States over the past several years have given rise to a renewed focus on the workplace environment. As a result, diversity, equity,…

Government Contractors Can Litigate Unfavorable Past Performance Evaluations

On Behalf of Berenzweig Leonard, LLP | April 6, 2023 | Government Contracts

The government’s evaluation of a contractor’s performance on a contract is a critical component for contractors trying to win new contracts. Typically, the agency puts its evaluation in a report, commonly referred to as a CPARS (the Contractor Performance Assessment Reporting System), according to FAR Subpart 42.15. On occasion, a…

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