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How Changes to the HSR Act Could Impact the Purchase or Sale of Your Business

by Joseph R. Tulloch | October 26, 2023 | Corporate & Technology Law

On June 27, 2023, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) jointly released a Notice of Proposed Rulemaking (NPRM) suggesting significant changes to the existing premerger filing requirements under the Hart-Scott-Rodino (HSR) Act, which applies to all potential mergers valued at $111.4…

When Do Federal Contractors Have to Certify (and Recertify) Their Size Status?

by Rachael C. Haley | September 26, 2023 | Government Contracts

When a federal contractor is required to certify or recertify its small business size status can be confusing and depends on several factors, including the type of contract it is bidding on and whether the solicitation is restricted to or otherwise set aside for small business concerns.[1] This…

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

by Terrence O’Connor | 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.

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