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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…

The Right to Wear T-Shirts of Any Political Stripe

On Behalf of Berenzweig Leonard, LLP | July 2, 2018 | Business Litigation

Minnesota Voters Alliance, et al. v. Mansky, ___ U.S. ___, No. 16-1435 (14 June 2018) Voting today is much different than during the early years of the republic.  Back then there was no secret ballot.  On election day, voters gathered at the polling place.  Candidates gave speeches and cajoled voters. …

Stretching the Limits of “Scheme Liability”

On Behalf of Berenzweig Leonard, LLP | June 29, 2018 | Business Litigation , M&A and Corporate

On Monday, June 18, 2018, the United States Supreme Court granted a request to review SEC v. Francis Lorenzo, a case that asks the Justices to clarify the limits of so-called “scheme liability” under the federal securities laws given the limits on so-called “statement liability” established by prior Supreme Court…

Lack of “Substantial Benefit” to 8(a) Invalidates 8(a) Joint Venture Agreement

On Behalf of Berenzweig Leonard, LLP | June 29, 2018 | Government Contracts

The best way a non-8(a) government contractor can get 8(a) work is to become part of an 8(a) Joint Venture (JV). But the admission ticket to this unique opportunity has a price: the 8(a) JV must provide “substantial benefit” to the 8(a). This means that the JV – particularly the…

GAO Denies Protest Challenging Awardee’s Ability to Meet Cybersecurity Requirements

On Behalf of Berenzweig Leonard, LLP | June 28, 2018 | Cybersecurity & Data Privacy , Government Contracts

As expected, the new government cyber requirements have become weapons for protests. It’s important for government contractors to see how GAO will handle these issues. In a recent GAO protest, a NOAA RFQ required that an offeror provide documentation that showed it had an awareness and capability for meeting the…

The Hotline is Ringing: Best Practices for Internal Corporate Investigations

On Behalf of Berenzweig Leonard, LLP | June 26, 2018 | M&A and Corporate

At some point, nearly every company faces a situation in which there are irregularities or other issues that the government—rightly or wrongly—views as having criminal implications. In today’s legal climate, companies that ignore reports about the conduct of their employees do so at their own peril. In such circumstances, the…

FBI Issues Alert to Cleared Defense Contractors

On Behalf of Berenzweig Leonard, LLP | June 26, 2018 | Government Contracts

On June 13, 2018, the Federal Bureau of Investigation (FBI) issued a notification containing a warning that Advanced Persistent Threat (APT) actors have targeted Cleared Defense Contractors (CDC) for attack in the near future. APT actors attempt to infiltrate contractor network systems with phishing messages, watering hole redirects and…

The Supreme Court Looks into Data Breach

On Behalf of Berenzweig Leonard, LLP | June 22, 2018 | Cybersecurity & Data Privacy

Hutton, et al., v. National Board of Examiners in Optometry, Inc., U.S. Court of Appeals for the 4th Circuit, No. 17-1506 (12 June 2018) The plaintiffs are three persons who on different dates submitted their personal information to the National Board of Examiners in Optometry, Inc. (NBEO).  In July 2016,…

Searching for the Fourth Amendment in the Trunk of a Rental Car

On Behalf of Berenzweig Leonard, LLP | June 21, 2018 | Business Litigation

Byrd v. United States, ___ U.S. ___, No. 16-1371 (14 May 2018) One day in September 2014, Terrence Byrd and his friend Latasha Reed drove in Byrd’s Honda Accord to a Budget car-rental facility in New Jersey.  Byrd stayed in the parking lot in his Honda while Reed went to…

The Supreme Court Takes the Cake

On Behalf of Berenzweig Leonard, LLP | June 12, 2018 | Business Litigation

Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, ___ U.S. ___, No. 16-111 (4 June 2018) This is a case in which one Constitutional right collided with two other Constitutional rights and presented the Court with a difficult decision. Mr. Phillips operates the Masterpiece Cakeshop.  Phillips is not an ordinary…

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