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Which Security Requirements Apply When Using Cloud Service Providers to Process and Store CDI?

On Behalf of Berenzweig Leonard, LLP | August 14, 2018 | Cybersecurity & Data Privacy

On April 2, 2018, the Department of Defense issued an extensive set of Frequently Asked Questions (FAQs) regarding implementation of the DFARs Cybersecurity Clause (252.204-7012), NIST 800-171 and the Cloud Computing Clauses (252.239-7009 & -7010).  These FAQs shed further light on what the Department expects and will expect from the…

Software-Seller Benefits from Vendor-Friendly Commercial Items Rules

On Behalf of Berenzweig Leonard, LLP | August 10, 2018 | Business Litigation , Cybersecurity & Data Privacy , Intellectual Property

FAR Part 12 – Acquisition of Commercial Items contains unique contracting policies not found in other parts of FAR. For example, changes to a commercial items contract must be bilateral and may not be made unilaterally by the government like under the traditional Changes clause. FAR Part 12’s unique rules…

Probable Cause to Arrest v. The First Amendment

On Behalf of Berenzweig Leonard, LLP | August 8, 2018 | Business Litigation

Lozman v. City of Riviera Beach, Florida, ___ U.S. ___, No. 17-21 (18 June 2018) “Gadfly” – an intentionally annoying person who stimulates or provokes others, especially by persistent irritating criticism.” (See, e.g., Webster’s Ninth Collegiate Dictionary). Fane Lozman is a gadfly. So was Socrates, and the Athenians forced him…

BL to Host Panel Discussion on the Impact Bid Protests Have on HR Strategy

On Behalf of Berenzweig Leonard, LLP | July 26, 2018 | Employment & Labor Law , Government Contracts

On Friday, July 27th from 8-10 am, Berenzweig Leonard, LLP will be hosting a panel discussion on the impact Bid Protests have on HR Strategy. The discussion will cover upcoming legislation, the impact that bid protests have on the workforce, and HR strategy. Panelists include: Laura Giangiuli (VP & HR,…

Taking Exception to the Futility Exception

On Behalf of Berenzweig Leonard, LLP | July 25, 2018 | Business Litigation , M&A and Corporate

Dorothy C. Davis, derivatively on behalf of Woodside Properties, LLC v. MKR Development, LLC, et al., Virginia Supreme Court No. 171020 (31 May 2018) “Happy families are all alike; every unhappy family is unhappy in its own way.” (Anna Karenina, by Leo Tolstoy).  This case is about an unhappy family…

Prime Contractors Are Responsible for Safeguarding CDI Down Their Supply Chains

On Behalf of Berenzweig Leonard, LLP | July 20, 2018 | Government Contracts

On April 2, 2018, the Department of Defense issued an extensive new set of Frequently Asked Questions (FAQs) regarding implementation of the DFARs Cybersecurity Clause (252.204-7012), NIST 800-171 and the Cloud Computing Clauses (252.229-7009 & -7010).  These FAQs shed further light on what the Department expects and will expect from…

The Supreme Court Rules on the Travel Ban

On Behalf of Berenzweig Leonard, LLP | July 20, 2018 | Business Litigation

Trump v. Hawaii, ___ U.S. ___, No. 17-965 (26 June 2018) More than 60 years ago, Congress enacted a law stating that if the President finds that the entry of designated aliens “would be detrimental to the interests of the United States,” then the President has the authority to restrict…

Teaming Agreement’s “Agreement to Agree” on a Future Subcontract is Unenforceable

On Behalf of Berenzweig Leonard, LLP | July 19, 2018 | Government Contracts

On June 7, 2018, the Virginia Supreme Court issued an opinion that highlights a significant concern for subcontractors seeking to enforce a teaming agreement with its prime contractor, CGI Federal Inc. v. FCi Federal, Inc., No. 170617 (Va. June 7, 2018). The Court held that provisions in a teaming agreement about…

The Unwarranted Collection of Cell Phone Data?

On Behalf of Berenzweig Leonard, LLP | July 17, 2018 | Cybersecurity & Data Privacy

Carpenter v. United States, ___ U.S. ___, No. 16-402 (22 June 2018) Maybe in his mind Timothy Carpenter saw himself as a local boy trying to get ahead, but others saw him for what he really was, an armed robber who, with other bandits, robbed nine stores in Michigan and…

Dude, Where’s My Car? Reining in Civil Forfeiture

On Behalf of Berenzweig Leonard, LLP | July 13, 2018 | Business Litigation

On June 18, 2018, the Supreme Court agreed to hear an appeal in Timbs v. Indiana, a case with important implications for the continued use of civil forfeiture by state police agencies. Given the ever-increasing use of civil forfeiture by states—a years-long trend fueled by the use of forfeiture to…

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