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Providing a Little Knowledge of Wiretaps

On Behalf of Berenzweig Leonard, LLP | June 7, 2018 | Business Litigation

Dahda v. United States, ___ U.S. ___, No. 17-43 (14 May 2018). I have never agreed with Plato’s dictum that a little knowledge of geometry is a dangerous thing.  After all, everyone starts with only a little knowledge when learning anything.  What is dangerous is not a little knowledge but…

Supreme Courts Strikes Down the Professional and Amateur Sports Protection Act

On Behalf of Berenzweig Leonard, LLP | June 1, 2018 | Business Litigation

On 14 May 2018, the Supreme Court decided Murphy, et al. v. NCAA, et al., ___ U.S. ___, No. 16-476, striking down the Professional and Amateur Sports Protection Act (PASPA). PASPA made it unlawful for a state or its subdivisions to sponsor, operate, advertise, promote, license, or authorize by law…

An Important Case that Impacts Arbitration Between Employers and Employees

On Behalf of Berenzweig Leonard, LLP | May 31, 2018 | Business Litigation , Employment & Labor Law

Epic Systems Corp. v. Lewis, ___ U.S. ___, No. 16-285 (21 May 2018) This is an important case that will impact the use of arbitration to litigate disputes between employers and their employees. The decision concerns three consolidated cases that differ in detail but not in substance. In each case,…

Challenging Previously Issued Patents Under Inter Partes Reviews

On Behalf of Berenzweig Leonard, LLP | May 24, 2018 | Intellectual Property

In the April 24th decision of SAS Institute, Inc. v. Director of the U.S. Patent and Trademark Office, the U.S. Supreme Court reviewed a patent law case concerning a procedure known as inter partes review. At first blush, patent law may seem to be of little interest to the average…

Awardee’s Delayed Protest Challenging Agency’s Corrective Action Denied as Untimely

by Stephanie Wilson | May 24, 2018 | Government Contracts

A contractor who waited nearly a year to protest an agency’s decision to follow the GAO’s recommendation to reevaluate proposals and make a new award decision had its protest denied as untimely by the U.S. Court of Federal Claims under the rarely-invoked doctrine of laches. This long and tortured U.S.

Successfully Protesting Organizational Conflicts of Interest

On Behalf of Berenzweig Leonard, LLP | May 24, 2018 | Government Contracts

A recent decision of the Government Accountability Office (GAO) is a good lesson for ways contractors can successfully, and unsuccessfully, deal with organizational conflicts of interest (OCI). ARES Technical Services Corporation protested a NASA award to Millennium Engineering and Integration Company (MEI), claiming that NASA did not mitigate an OCI…

Cybersecurity Audits

On Behalf of Berenzweig Leonard, LLP | May 24, 2018 | Cybersecurity & Data Privacy

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…

Possible Relief for a Small Business’s “Growing Pains”

On Behalf of Berenzweig Leonard, LLP | May 7, 2018 | Business Litigation

Success can actually be a real problem for a small business. The more that its success increases its revenue or work force, the closer a small business comes to outgrowing its status as a small business. Losing small business status forfeits many advantages a small business has in winning government…

Solicitation Ambiguities and Defects Resulting from Agency Discussions Must be Raised Prior to Submission of Proposals

by Stephanie Wilson | April 19, 2018 | Government Contracts

Bidders don’t often consider that information they learn through discussions could trigger the need to file a pre-award protest, even when that information is not included in a solicitation amendment. If an agency communication conflicts with the solicitation’s terms, a bidder must protest this ambiguity before closing time for proposals.

DoD Sheds More Light on Compliance with DFARs Cyber Clause

On Behalf of Berenzweig Leonard, LLP | April 19, 2018 | Cybersecurity & Data Privacy , Government Contracts

On April 2, 2018, DoD 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), which shed considerable light on what the Department expects and will expect from these contractors. Over…

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