Blog
On Behalf of Berenzweig Leonard, LLP | August 22, 2017 |
Government Contracts
Although email has in many ways made procurement easier, like many things it has a downside. Two recent decisions of the Government Accountability Office (GAO) show how proposals got lost at the very end of the proposal preparation process and were never received by the government. Not only…
On Behalf of Berenzweig Leonard, LLP | July 21, 2017 |
Firm News
Berenzweig Leonard lawyers have been selected to make two presentations at the NCMA World Congress in Chicago, July 24th. Breakout sessions: Corporate Update: Recent Business Law Decisions and Compliance Trends Monday, July 24 |11:15 – 12:30 Seth Berenzweig, Managing Partner Terry O’Connor, Director of Government Contracts…
On Behalf of Berenzweig Leonard, LLP | July 19, 2017 |
Government Contracts
When an agency tries to end your GAO protest by promising to take “correction action,” should you protest the corrective action if it fails to address every one of your protest arguments? Here’s the protester’s dilemma: protesting corrective action often turns out to be premature and a waste of money;…
On Behalf of Berenzweig Leonard, LLP | July 19, 2017 |
Government Contracts
Under GAO’s rules, a protest based on grounds other than alleged improprieties in a solicitation must be filed within 10 days of when the protestor knew or should have known of the basis for the protest. An exception for this rule applies to “a procurement conducted on the basis of…
On Behalf of Berenzweig Leonard, LLP | July 18, 2017 |
Government Contracts
GAO, But Not Vendor, Can Review Classified Adverse Information It seems like basic fairness: letting offerors rebut adverse information an agency uses to find the offeror nonresponsible. But what if that information is classified? How can the integrity of the solicitation process and national security be maintained when an agency…
On Behalf of Berenzweig Leonard, LLP | July 14, 2017 |
Employment & Labor Law
Although the Bible tells us that “No man can serve two masters,” in some instances, a subcontractor’s employee can have two masters – the subcontractor and the prime contractor – under the “joint employment” legal doctrine. Employers must deal with the expanding impact of this doctrine as it affects…
On Behalf of Berenzweig Leonard, LLP | July 5, 2017 |
Employment & Labor Law
A transgender employee’s gender dysphoria is a disability protected by the Americans with Disabilities Act of 1990 (ADA), according to the United States District Court of the Eastern District of Pennsylvania. In Blatt v. Cabela’s Retail, Inc., No. 5:14-cv-04822, 2017 U.S. Dist. LEXIS 75665, at *1 (E.D. Pa. May 18,…
On Behalf of Berenzweig Leonard, LLP | June 26, 2017 |
Intellectual Property
All eight of the Supreme Court Justices who heard the case of Matal v. Tam have ruled that the “disparagement clause” of the federal Lanham Act, which states that derogatory phrases cannot be trademarked, is unconstitutional. The United States Patent and Trademark Office (PTO) cited this…
On Behalf of Berenzweig Leonard, LLP | June 22, 2017 |
Employment & Labor Law
Beverly Butcher of West Virginia worked for a coal mine owned by Consol Energy for 37 years. But when Consol Energy implemented a biometric hand scanner to track the hours of its employees, Butcher, a devout evangelical Christian, refused to use it based on what he claimed was his religious…
On Behalf of Berenzweig Leonard, LLP | June 16, 2017 |
Business Litigation
Although the Small Business Administration’s (SBA) goal is to encourage small businesses to become government contractors, its complex rules on occasion can work against that goal. A good example is a recent decision of the SBA’s Office of Hearings and Appeals (SBA OHA) involving joint ventures. Although one…
