COFC Bid Protect Authority: DOD proposal to make force protestor forum choice

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05/22/2012Lowenstein, Neil S.

The DOD is requesting Congress to amend COFC bid protest jurisdiction to adopt the same timelines as are applicable to a GAO bid protest. The result is that protestors would then have to choose forums initially. There are certainly pros and cons to this approach, but it is regardless an important develop those with potential… Read more »

Mechanic’s Lien / Payment Bond Reforms Pending in NC

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05/22/2012Lowenstein, Neil S.

Since many Virginia contractors also perform work in North Carolina, I thought those that do might be interested in pending reforms to NC’s mechanic’s lien and payment bond statute that were filed today in the state’s General Assembly. Some of these changes are very substantial. A link to the NC General Assembly web page with… Read more »

COFC held to have exclusive jurisdiction for trade secret misappropriation claim

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05/18/2012Lowenstein, Neil S.

In a recent, odd decision, the U.S. Court of Appeals for the Fifth Circuit recently ruled that the Court of Federal Claims had exclusive jurisdiction over claims that the Navy had misappropriated trade secrets of a contractor. The decision is United States Marine Inc. v. United States, 5th Cir., No. 11-30177, 5/11/12. While issued as… Read more »

Maintaining and Producing Evidence: It really is that important

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05/10/2012Lowenstein, Neil S.

Most construction projects involve thousands of documents; not only in hard copy, but also as electronically stored information. Once a case is in litigation, or even anticipated to go that route, it is incumbent upon parties to maintain claim related documentation. But what happens if the information is not maintained? Many things could result. At… Read more »