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If an Agency Does Not Answer Your Questions, Keep Asking

On Behalf of Berenzweig Leonard, LLP | April 15, 2016 | Government Contracts

If used wisely and persistently, the Q & A part of the solicitation process can mitigate numerous contractor risks. One of those risks is the risk of winning a contract with a vague statement of work that exposes a…

Stairway to Heaven Lawsuit Trial Date Set

On Behalf of Berenzweig Leonard, LLP | April 5, 2016 | Intellectual Property

If you work in or around the music industry, you’re probably well aware of the fact that Led Zeppelin, one of the most popular bands of all time, has been embroiled in litigation over the writer credits for the…

Don’t Hedge Your Bets on a Fixed-Price Bid

On Behalf of Berenzweig Leonard, LLP | March 28, 2016 | Government Contracts

Because a firm fixed-price contract commits a contractor to paying for overruns and unexpected performance costs, a bidder might be tempted to hedge its bets…

What Is the Real Reason the FBI Canceled the Apple Hearing?

On Behalf of Berenzweig Leonard, LLP | March 22, 2016 | Business Litigation

The FBI canceled the March 22 court hearing scheduled to take place in California that was aiming to force Apple to create code for unlocking an iPhone.  The FBI suddenly changed course and notified the judge, and Apple, that an unknown source may be able to…

The Best Way to Negotiate a Fair Profit on Equitable Adjustments

On Behalf of Berenzweig Leonard, LLP | March 10, 2016 | Business Litigation , Government Contracts , M&A and Corporate

When the government changes a contractor’s work, the contractor is entitled to an equitable adjustment under the Changes clause for not only any increased costs but also for profit on those costs. Negotiating a fair profit presents a…

Telecommuting Employees Can Pose Certain Legal Risks For Employers

On Behalf of Berenzweig Leonard, LLP | March 2, 2016 | Employment & Labor Law

United Excel Corporation, a Kansas company in the hospital construction business, employed a sales representative to solicit business from hospitals throughout the country.  At some point, the sales representative asked to work out of his home, which was located in Massachusetts.  During the three years that…

Judge Was Not Amused By Supervisor’s Smiley Face Emoticon

On Behalf of Berenzweig Leonard, LLP | March 2, 2016 | Employment & Labor Law

An executive secretary at insurance company Munich Re in New Jersey took extended leave under the federal Family and Medical Leave Act (FMLA) citing her asthma condition.  The company became suspicious that the employee was not really too sick to work, and hired a private investigator…

Builder “Silences” Noise Lawsuit Stemming from Alexandria Sale

On Behalf of Berenzweig Leonard, LLP | January 26, 2016 | Business Litigation

A homeowner’s fraud lawsuit against builder Pulte Home Corporation based on excessive noise in the homeowner’s unit was recently dismissed by the U.S. District Court for the Eastern District of Virginia, Alexandria…

‘Big Bang Theory’ Producers Sued in “Soft Kitty” Copyright Case

On Behalf of Berenzweig Leonard, LLP | December 30, 2015 | Entertainment, Sports, & Media Law , Intellectual Property

Producers of the hit TV show The Big Bang Theory got a legal ‘bazinga’ in a new lawsuit contesting the show’s allegedly unauthorized use of nursery rhyme lyrics written eight decades ago by a New Hampshire school teacher.  The…

Internet Service Provider Held Responsible for Users’ Infringement in Landmark Decision

On Behalf of Berenzweig Leonard, LLP | December 18, 2015 | Intellectual Property

BMG Rights Management, one of the world’s largest music publishers, has been awarded a $25 million verdict by a federal jury after Cox Communications was found to be liable for the copyright-infringing actions of its users.Following a week-long trial…

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