Blog
On Behalf of Berenzweig Leonard, LLP | November 19, 2018 |
Business Litigation
As more small businesses prosper and outgrow their small business status, a recurring issue is whether these no-longer-small business can compete for task orders under multiple-award contracts they won years ago when they qualified as a small business. Their right to compete generally depends on the ordering contracting officer who…
On Behalf of Berenzweig Leonard, LLP | November 16, 2018 |
Cybersecurity & Data Privacy
Just this past September, the Navy issued a policy memorandum, effective immediately, entitled “Implementation of Enhanced Security Controls on Select Industrial Base Partner Networks.” It called for stricter cybersecurity requirements under DFARS 252.204-7012 for critical defense contractors (the “7012 Clause”). The memorandum required a new Contract Data Requirement List…
On Behalf of Berenzweig Leonard, LLP | November 14, 2018 |
Employment & Labor Law
Mount Lemmon Fire District v. Guido, ___ U.S. ___, No. 17-587 (6 November 2018) Age Discrimination in Employment Act (ADEA) Faced with a budget shortfall, Mount Lemmon Fire District, a political subdivision in Arizona, laid off its two oldest full-time firefighters. The two firefighters sued the Fire District,…
On Behalf of Berenzweig Leonard, LLP | November 8, 2018 |
M&A and Corporate
Meuse, et al. v. Henry, et al., Virginia Supreme Court, No. 170604 (4 October 2018) Arbitration; judicial review of arbitration; confirmation of arbitration award Charles Dickens had a talent for naming characters with names suggesting the character’s personality. Recall, for example,…
On Behalf of Berenzweig Leonard, LLP | November 6, 2018 |
Government Contracts
Bid proposal teams got some good news and bad news from two recent court decisions involving the Freedom of Information Act (FOIA). The good news is that their line item prices, including their mark-ups, on winning bids will rarely be seen by competitors. The bad news is that bid teams…
On Behalf of Berenzweig Leonard, LLP | October 23, 2018 |
Employment & Labor Law
Quisenberry v. Huntington Ingalls Incorporated, ___ Va. ___, No. 171494 (11 October 2018) Negligence, duty of care, recognizable risk of harm, asbestos dust From 1942 to 1977, Bennie Quisenberry worked for Newport News Shipbuilding and Dry Dock, now known as Huntington Ingalls Incorporated…
On Behalf of Berenzweig Leonard, LLP | October 18, 2018 |
Government Contracts
Because major changes in the procurement laws are difficult for Congress to pass, incremental changes tend to be made yearly in the National Defense Authorization Act (NDAA). The 2019 NDAA is no exception. One of the most significant “incremental” changes made this year involves an agency’s use of the lowest…
On Behalf of Berenzweig Leonard, LLP | October 18, 2018 |
Government Contracts
Because government contractors are charged with knowing what an agency has published on FedBizOpps (www.fbo.gov), they need to closely monitor relevant procurement updates on that site. A recent GAO decision gave some helpful examples of contractor “ignorance being no excuse.” The U.S. Department of Agriculture issued a solicitation for a…
On Behalf of Berenzweig Leonard, LLP | October 18, 2018 |
Business Litigation
When the VA was looking for vendors who could provide glasses for its veterans, the VA faced a dilemma. One law said the VA “shall” use Ability First as its eyewear vendor. Another law said the VA “shall” first consider vendors who were veteran owned small businesses or service disabled…
On Behalf of Berenzweig Leonard, LLP | October 8, 2018 |
Business Litigation
South Dakota v. Wayfair, Inc., ___ U.S. ___, No. 17-494 (21 June 2018) When a consumer purchases goods or services, the consumer’s State often imposes a sales tax. The question before the Court was whether a State can require an out-of-state seller to collect…
