Blog
On Behalf of Berenzweig Leonard, LLP | May 6, 2019 |
Employment & Labor Law
Biestek v. Berryhill, Acting Commissioner of Social Security, ___ U.S. ___, No. 17-1184 (1 April 2019). For many years, Michael Biestek was a construction worker. Because of the rigors of the work, he developed medical problems: degenerative disc disease, Hepatitis C, and depression. Eventually, he stopped working and applied for…
On Behalf of Berenzweig Leonard, LLP | April 26, 2019 |
Business Litigation
The FTC is nearing completion of its 2018 investigation of Facebook resulting from the Cambridge Analytica debacle. It is already clear that Facebook grossly violated its 2011 FTC Consent Decree. That Decree was based on broad violations of the government’s requirements for Facebook’s protection of user privacy. It turned out…
by Stephanie Wilson | April 24, 2019 |
Government Contracts
A recent decision from the U.S. Court of Federal Claims reminds protestors that it is not enough to establish agency error, but that the protestor must also be able to demonstrate that it was prejudiced by that error. In this protest of the Encore III small business contract awards, the…
On Behalf of Berenzweig Leonard, LLP | April 22, 2019 |
Government Contracts
A recent decision of the Government Accountability Office (GAO) shows that incumbent contractors bidding on a follow-on contract cannot assume that the government’s evaluators will use their personal knowledge of an incumbent’s previous performance and automatically fill in informational blanks an incumbent might leave in its follow-on proposal. Although evaluators…
On Behalf of Berenzweig Leonard, LLP | April 15, 2019 |
Intellectual Property
Rimini Street, Inc. v. Oracle USA, Inc., ___ U.S. ___, No. 17-1625 (4 March 2019) Oracle USA, Inc. (Oracle) develops and licenses software programs that manage data and business operations, and Oracle offers software maintenance services. Rimini Street, Inc. (Rimini) sells software maintenance services to Oracle’s customers and competes with…
On Behalf of Berenzweig Leonard, LLP | April 8, 2019 |
Business Litigation
Lorenzo v. Securities and Exchange Commission, ___ U.S. ___, No. 17-1077 (27 March 2019) SEC Rule 10b-5(b) makes it unlawful to “make any untrue statement of a material fact . . . in connection with the purchase or sale of any security.” In Janus Capital Group, Inc. v. First Derivative…
On Behalf of Berenzweig Leonard, LLP | April 2, 2019 |
Employment & Labor Law
Nielsen v. Preap, ___ U.S. ___, No. 16-1363 (19 March 2019) If the government arrests an alien, because the government believes that the alien is in the United States illegally and therefore deportable, then generally the alien may apply for release on bond or parole while the question of his…
On Behalf of Berenzweig Leonard, LLP | March 25, 2019 |
Employment & Labor Law
Dawson v. Steager, ___ U.S. ___, No. 17-419 (20 February 2019) In McCulloch v. Maryland, 4 Wheat. 316 (1819), the Supreme Court invoked the Constitution’s Supremacy Clause to invalidate Maryland’s attempt to tax the Bank of the United States. Chief Justice Marshall wrote: “the power to tax is the power…
On Behalf of Berenzweig Leonard, LLP | March 18, 2019 |
Intellectual Property
Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, ___ U.S. ___, No. 17571 (4 March 2019). Fourth Estate is a news organization producing online journalism. Wall Street is a news website. Fourth Estate licensed its journalism to Wall Street. The license agreement required Wall Street to remove from its…
On Behalf of Berenzweig Leonard, LLP | March 14, 2019 |
Employment & Labor Law
Despite growing national attention and even certain state legislative action, many states continue to allow employers to widely use non-compete agreements that restrict an employee from competing against the employer’s business. These restrictive covenants generally must be reasonable in scope and specifically designed to protect an employer’s legitimate business interests…
