Blog
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…
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…
