Email is Not Private

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12/19/2013Genzler, Patrick A.

Authored by attorney Patrick A. Genzler Electronic mail has become the de facto principal means of communication for most businesses today.  And, in most businesses, email is widely used by many employees to perform company business.  However, the ease with which we can communicate and transmit documents by email comes with certain risks, particularly when… Read more »

ASBCA Holds that of Contracting Officer’s Decision does Preclude Appeal Challenging Performance Evaluations

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12/09/2013Lowenstein, Neil S.

Authored by attorney Neil S. Lowenstein In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for… Read more »

Be Careful What You Say About That Company

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12/09/2013Golden, Sean M.

Authored by attorney Sean M. Golden In Virginia, one who defames another can be sued for money damages.  Defamatory words can be either written (libel) or spoken (slander).  To be liable for defamation, the words used must not only be false, but must actually be defamatory, meaning that they tend to harm the reputation of… Read more »

Summary of New Rules Regarding Section 503 of the Rehabilitation Act of 1973

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12/09/2013Sieg, J. Brandon

Authored by Attorney J. Brandon Sieg On September 24, 2013, the Department of Labor published revisions to its non-discrimination and affirmative action regulations associated with Section 503 of the Rehabilitation Act of 1973.  Although the regulations will become effective on March 24, 2014, additional time is permitted for current contractors to bring their affirmative action… Read more »

New DFAR Clause Added to Safeguard Unclassified Technical Information

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12/03/2013Lowenstein, Neil S.

My law partner Mike Sterling suggested a reminder about the new final Department of Defense (DoD) rule (DFARS Case 2011-D039, issued 11/18/2013) that amends the Defense Federal Acquisition Regulation Supplement to add a new subpart and contract clause adding requirements for the safeguarding of unclassified controlled technical information. As defined in the new rule, “controlled… Read more »

U.S. Supreme Court Strongly Upholds Contractual Forum Selection Clause

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12/03/2013Lowenstein, Neil S.

In a slip opinion decided December 3, 2013, the U.S. Supreme Court strongly upheld the enforceability of a contractual forum selection clause in its unanimous decision in Atlantic Marine Construction Co., Inc., No. 12-929. Our firm is particularly proud of the decision, having represented the winning petitioner, Atlantic Marine. Atlantic Marine had subcontracted with J-Crew… Read more »

Accelerated Payments to Small Business Subcontractors Rule Finalize

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12/02/2013Lowenstein, Neil S.

Following up on a prior blog about what was then a proposed rule, a final rule was issued on November 25th requiring accelerated payments to small business subcontractors. The rule mandates that if a contractor receives accelerated payments from the Government, the contractor shall make accelerated payments to its small business subcontractors. The new FAR… Read more »

Locker Room Environment – Lawsuit Waiting to Happen

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12/02/2013Lowenstein, Neil S.

There’s a lot in the press lately about the “locker room” atmosphere of NFL teams; some content of which is more shocking than others. But the issues are not just sports related. Many of the players and ex-players have passed those issues to the side noting the “sanctity” of the football locker room, and other… Read more »

ASBCA Holds That Lack of Contracting Officer’s Decision Does Not Preclude Appeal Challenging Performance Evaluation

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11/22/2013Lowenstein, Neil S.

In a recently released decision (11/18/13, Metag Insast Ticaret A.S., ASBCA No. 58616), the Armed Services Board of Contract Appeals reaffirmed its earlier holding that performance evaluation disputes may constitute Contract Disputes Act (CDA) claims, if the contractor has sought a final decision, as being an appealable request for interpretation of contract terms and relief… Read more »

Vandeventer Black Partner Arlene Klinedinst to Speak About Fringe Benefit Compliance and Tracking

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11/21/2013Lowenstein, Neil S.

On Thursday, January 16, 2013, as part of AGC Virginia’s Breakfast & Learn project, Vandeventer Black partner Arlene Klinedinst will speak with Lind Sawyer of Deltrack Fringe and Hunter Webb of Sullivan, Andrews & Taylor, CPA’s about various fringe benefit compliance and tracking issues. For more information about this program, please see the below brochure…. Read more »