Blog
by Clyde E. Findley | March 14, 2019 |
Business Litigation
On May 13, 2019, Justice Kavanaugh created a seismic shift in the world of antitrust law. He abandoned his fellow conservative justices on the Supreme Court and joined the liberal justices to author a 5-4 opinion holding that a class-action antitrust case filed by a group of consumers against Apple,…
On Behalf of Berenzweig Leonard, LLP | March 13, 2019 |
Business Litigation
The Procurement Integrity Act (PIA) restricts the disclosure and knowing obtainment of proprietary bid or proposal information before the award of a procurement to which the information relates. In a recent protest decision, GAO affirmed that the PIA applies only when the government is involved in the alleged misconduct, and…
On Behalf of Berenzweig Leonard, LLP | March 12, 2019 |
Government Contracts
Because it usually makes sense to not start a new contract or task order until after any protests over that award have been resolved, protesters at the Government Accountability Office (GAO) have the right to an “automatic stay” of performance of the protested award if they file their…
On Behalf of Berenzweig Leonard, LLP | March 11, 2019 |
Cybersecurity & Data Privacy
Government contractors focused on DoD’s acquisition efforts and other businesses should keep an eye on the smoke signals in Washington rising on privacy. From GDPR in Europe, to the draft new NIST Privacy Framework, to NTIA’s request for comments on privacy, the legal landscape on this…
On Behalf of Berenzweig Leonard, LLP | February 26, 2019 |
Business Litigation
Timbs v. Indiana, ___ U.S. ___, No. 17-1091 (20 February 2019) Eighth Amendment; excessive fines Tyson Timbs pled guilty in Indiana state court to dealing in heroin and conspiracy to commit theft. He was sentenced to one year of home detention and five years of probation, including addiction-treatment.
On Behalf of Berenzweig Leonard, LLP | February 19, 2019 |
Business Litigation
Under current Virginia law, employees have a difficult time collecting wages that are improperly withheld. The costs of hiring a lawyer often outweigh the benefits of collecting the unpaid wages. The remedies presently available to a Virginia employee seeking to collect earned wages are (1) file a complaint with the…
On Behalf of Berenzweig Leonard, LLP | February 14, 2019 |
Business Litigation
Stokeling v. United States, ___ U.S. ___, No. 17-5554 (15 January 2019) Denard Stokeling was either an inept criminal or just plain unlucky. In the course of his checkered career, he managed to acquire three felony convictions; home invasion, kidnapping, and robbery. Then, he acquired a fourth felony conviction, being…
On Behalf of Berenzweig Leonard, LLP | February 13, 2019 |
Government Contracts
Although the complexity of the solicitation process makes it easy for “things to fall between the cracks,” the solicitation process has little room for error. Recently, the Government Accountability Office (GAO) concluded that an offeror who had failed to respond to an agency request to extend its proposal was reasonably…
On Behalf of Berenzweig Leonard, LLP | February 12, 2019 |
Government Contracts
The Federal Acquisition Regulation (“FAR”) requires that most contracts with the federal government include a clause mandating that the contractor have a written code of business ethics and conduct, and that it conducts periodic reviews to ensure the effectiveness of that code in rooting out fraud and corruption…
On Behalf of Berenzweig Leonard, LLP | February 12, 2019 |
Government Contracts
Because a protest can adversely impact a government contractor’s relationship with its customer, to say nothing of being costly, unsuccessful offerors might be tempted to file a protest only after they have good facts to base a protest on. Recently, however, an incumbent contractor waited too long, according…
