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DCMA To Audit Contractor Cyber Compliance

On Behalf of Berenzweig Leonard, LLP | February 11, 2019 | Cybersecurity & Data Privacy

Since December 31, 2017, DoD contractors are required to have “implemented” DFARs Clause 252.204-7012 (“Safeguarding Covered Defense Information and Cyber Incident Reporting”) by the implementation of NIST 800-171 on their covered information systems. For most of the past year, contractors have been told they mainly need to have System…

Supreme Court Unanimous-Independent Contractors Engaged In Interstate Commerce Are “Transportation Workers” Exempt From The Federal Arbitration Act

On Behalf of Berenzweig Leonard, LLP | January 29, 2019 | Business Litigation

New Prime, Inc. v. Oliveira, ___ U.S. ___, No. 17-340 (15 January 2019) Federal Arbitration Act; contracts of employment; statutory authority to compel arbitration In 1925, Congress enacted the Federal Arbitration Act (“the Act”), 9 U.S.C. §1 et seq., in an effort to counteract judicial hostility to arbitration…

Ruling On Facebook, Free Speech And Public Officials

On Behalf of Berenzweig Leonard, LLP | January 25, 2019 | Cybersecurity & Data Privacy

Davison v. Randall, ___ Fd.3rd ___, U.S. Court of Appeals for the 4th Circuit No. 17-2002 (7 January 2019) First Amendment, free speech clause; Facebook; public official In 2015, Phyllis J. Randall became the chairperson of the Loudoun County Board of Supervisors. After taking office, Randall created a…

Too Much Information In Proposal Disqualifies Offeror

On Behalf of Berenzweig Leonard, LLP | January 16, 2019 | Government Contracts

It is not unusual for an offeror to lose a contract for not giving the government enough information. The opposite, though, can happen. Recently, an offeror lost a contract for submitting too much information. Offerors competing for a contract for constructing a government building had…

New U.S. Privacy Initiatives:  FTC & NTIA Privacy Initiatives

On Behalf of Berenzweig Leonard, LLP | January 15, 2019 | Business Litigation

  Last month, we looked at NIST’s efforts to develop a new Privacy Framework to supplement its widely used Cybersecurity Framework.  This month we review a couple of the Administration’s other data privacy initiatives, which reflect that further changes in data protection requirements are a…

New U.S. Privacy Initiatives:  FTC & NTIA Privacy Initiatives

On Behalf of Berenzweig Leonard, LLP | January 15, 2019 | Business Litigation

  Last month, we looked at NIST’s efforts to develop a new Privacy Framework to supplement its widely used Cybersecurity Framework.  This month we review a couple of the Administration’s other data privacy initiatives, which reflect that further changes in data protection requirements are a…

The Small Business Runway Extension Act: Great News for Small Businesses… Eventually

On Behalf of Berenzweig Leonard, LLP | January 10, 2019 | Business Litigation

Growing small businesses facing the possible loss of small business status got two more years of “growing room” from Congress and the President on December 17th. On that day, the President signed The Small Business Runway Extension Act of 2018 that changed to 5 years from 3 years…

Armed Career Criminal Act; meaning of the statutory term “burglary”

On Behalf of Berenzweig Leonard, LLP | January 7, 2019 | Business Litigation

United States v, Stitt, ___ U.S. ___, No. 17-765 and 17-766 (10 December 2018) Armed Career Criminal Act; meaning of the statutory term “burglary” The Armed Career Criminal Act (ACCA), 18 U.S.C. §924(e)(2)(B)(ii) provides that if a person unlawfully possesses or transports a firearm and has three previous convictions for…

Weyerhaeuser Company v. The Dusky Gopher Frog & United States Fish and Wildlife Service

On Behalf of Berenzweig Leonard, LLP | December 17, 2018 | Business Litigation

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___ U.S. ___, No. 17-71 (27 November 2018) This case concerns an unfortunate little creature that is hovering on the verge of extinction: the dusky gopher frog. First, a bit of zoology. The amphibian Rana sevosa is commonly known as the “dusky…

Weyerhaeuser Company v. The Dusky Gopher Frog & United States Fish and Wildlife Service

On Behalf of Berenzweig Leonard, LLP | December 17, 2018 | Business Litigation

Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, ___ U.S. ___, No. 17-71 (27 November 2018) This case concerns an unfortunate little creature that is hovering on the verge of extinction: the dusky gopher frog. First, a bit of zoology. The amphibian Rana sevosa is commonly known as the “dusky…

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