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Government Contractors Can Litigate Unfavorable Past Performance Evaluations

by Terrence O’Connor | 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…

How M&A Can Help Grow Your Small Business

by Joseph R. Tulloch | March 23, 2023 | Corporate & Technology Law

Mergers and acquisitions (M&A) are often associated with large corporations and billion-dollar deals, but they can also be a valuable tool for small businesses looking to grow and expand. M&A can provide small businesses with access to new markets, customers, and technology, as well as the resources and expertise needed…

Most Virginia Employers Will Have to Offer Retirement Benefits by This Summer

by Samy W. Abdallah | February 23, 2023 | Employment & Labor Law

Virginia has joined in on the growing trend of implementing a state-mandated retirement program with the new RetirePath Virginia program that goes into effect on July 1, 2023. Created by Virginia state law in an effort to bridge the retirement savings gap, covered employers will…

Spell It Out: Do Not Rely on Government Legwork to Prove Relevant Experience

by Terrence O’Connor | February 2, 2023 | Government Contracts

Two recent decisions from the Government Accountability Office (GAO) show how offerors cannot expect the government to fill in information missing from their proposal. Specifically, offerors cannot expect the government to consider their work as an incumbent on the current contract, nor can they expect the government to call the…

Smart Use of the New Government-Contractor Communications Clause

by Terrence O’Connor | January 19, 2023 | Government Contracts

On December 1, 2022, the FAR Council issued a final rule, Effective Communication between Government and Industry, 87 FR 73902, effective December 30, 2022, that confirms that “Government acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry” during the pre-solicitation phase…

FTC Proposes a Nationwide Ban on Non-Competes

by Elizabeth Payne-Maddalena | January 10, 2023 | Employment & Labor Law

The federal Fair Trade Commission started 2023 with a bang by announcing a newly proposed rule that, if adopted, will categorically ban non-competes for almost all U.S. workers – including independent contractors. Under the proposed rule, the ban not only applies to new non-compete provisions, but will effectively invalidate…

3 Things Employers Should Consider Before Creating DEI Initiatives

by Elizabeth Payne-Maddalena | January 6, 2023 | Employment & Labor Law

As the new year begins, many employers are taking the time to consider areas for potential advancement when it comes to company culture. As part of this, employers may be asking how they can further create welcoming workspaces for a diverse and inclusive workforce, including DEI initiatives. DEI stands for…

What Business Owners Need to Know About the New Federal Speak Out Act

by Elizabeth Payne-Maddalena | January 4, 2023 | Employment & Labor Law

A new Federal law recently passed targeting non-disclosure and non-disparagement clauses in the employment context. The 2022 Speak Out Act prohibits U.S. employers from using these kinds of provisions to prevent employees from disclosing or discussing disputes involving workplace sexual harassment and assault. However, the new law only applies to…

Is the Federal Government Targeting Non-Competes?

by Elizabeth Payne-Maddalena | December 15, 2022 | Employment & Labor Law

On November 10, 2022, the FTC issued a new Policy Statement greatly expanding its scope of antitrust enforcement powers under Section 5 of the FTC Act.[1] The new Policy Statement makes it clear that the FTC will no longer limit its Section 5 enforcement powers to violations…

What You Need to Know About Virginia’s New Data Privacy Law

On Behalf of Berenzweig Leonard, LLP | December 2, 2022 | Corporate & Technology Law

The Virginia Consumer Data Protection Act (VCDPA) goes into effect on January 1, 2023 but covered entities should begin preparing now to work toward compliance. Below is an overview of the key aspects that businesses should be aware of. Who does it apply to? The VCDPA applies to entities…

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