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Riding the Rocket Docket – The COVID-19 Edition, Part 2

On Behalf of Berenzweig Leonard, LLP | April 13, 2020 | Rocket Docket

As the COVID-19 crisis continues, the U.S. District Court for the Eastern District of Virginia has continued to issue General Orders adjusting its practice rules to accommodate the competing interests of public health safety and the Constitutional rights and other interests of parties in civil and criminal litigation. Among other…

Riding the Rocket Docket – The COVID-19 Edition

On Behalf of Berenzweig Leonard, LLP | March 25, 2020 | Rocket Docket

While the nation (and the world) struggle with the spread of the novel coronavirus, the U.S. District Court for the Eastern District of Virginia has put a number of changes in place that mirror those occurring in other federal and state courts. A summary of the changes appears on the…

OMB Issues Guidance to Agencies on Managing Federal Contract Performance Issues Associated with COVID-19

by Stephanie Wilson | March 24, 2020 | Government Contracts

On March 20, 2020, the Office of Management and Budget (OMB) issued a Memorandum to the Heads of Executive Departments and Agencies to identify steps to ensure the health and safety of federal contractors while maintaining continued contract performance. This OMB guidance should provide some standardization across federal agencies in…

3 Ways Contractors Can Get Proactively Involved in CPARS Evaluations

On Behalf of Berenzweig Leonard, LLP | March 20, 2020 | Government Contracts

Getting government contracts in the future depends greatly on how well a company has performed in the past. That’s because Federal procurement policy for years has stressed the importance of the government using past performance as a mandatory evaluation factor in solicitation for future contracts. Often, these solicitation evaluations are…

How Government Contractors Can Prepare For and Mitigate Challenges Due to the Coronavirus

by Stephanie Wilson | March 19, 2020 | Government Contracts

With the  coronavirus now  severely impacting the United States, many government contractors are now forced to deal with unforeseen contractual, legal, and business challenges. Here are some  recommendations to help government contractors prepare for the potential impacts on their business.  Issue No. 1:  Disruptions in…

Criminal law; immigration; preemption doctrine

On Behalf of Berenzweig Leonard, LLP | March 16, 2020 | Employment & Labor Law

KANSAS v. GARCIA, ___ U.S. ___, No. 17-834 (3 March 2020) Until 1986, federal law did not prohibit employing illegal aliens.  In 1986, Congress enacted the Immigration Reform and Control Act (IRCA) that makes it illegal to knowingly hire an illegal alien to work in the United States. …

Bivens action; whether to extend the Bivens doctrine; separation of powers

On Behalf of Berenzweig Leonard, LLP | March 4, 2020 | Business Litigation

Hernandez v. Mesa, ___ U.S. ___, No. 17-1678 (25 February 2020) In Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), the Supreme Court held that a person claiming to be the victim of an unlawful arrest and search could bring a 4th Amendment claim for damages against…

Making the Rocket Docket Move: One-Week Non-Dispositive Motions

On Behalf of Berenzweig Leonard, LLP | February 19, 2020 | Rocket Docket

In our inaugural posting, we talked about the metrics that support the association of the “Rocket Docket” monicker with the U.S. District Court for the Eastern District of Virginia. There is an important procedural feature of the Rocket Docket that lets it continue to move civil cases with speed—one-week non-dispositive…

Amazon Pays High Price for Holding Up JEDI

On Behalf of Berenzweig Leonard, LLP | February 18, 2020 | Government Contracts

Unlike the automatic stay of performance that protestors get for free at the Government Accountability Office (GAO), stopping contract performance at the U.S. Court of Federal Claims (COFC)  comes at a price. The COFC recently imposed a $42,000,000 bond on Amazon for stopping performance of the JEDI contract. The…

Unjustified Delay in Filing Pre-Award Protest Amounts to a Waiver of Protest Grounds

by Stephanie Wilson | February 18, 2020 | Government Contracts

A protestor recently learned the hard way that filing a timely agency-level pre-award protest does not preserve those protest claims indefinitely.  The U.S. Customs and Border Patrol (CBP) published a solicitation for application development and operations and management support services. After receiving initial offers, the CBP issued two key…

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