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Articles

Protect Your Brand Name from Infringing Domain Names by Registering With the New Trademark Clearing House

Authored by attorney Jane D. Tucker On March 26, 2013 the Trademark Clearinghouse (“TMCH”) was launched by the Internet Corporation for Assigned Names and Numbers (“ICANN”).  Owners of registered trademarks can register those trademarks with TMCH.  The TMCH trademark registration system is designed to prevent the unauthorized use of registered trademarks in the new generic top-level… Read more »

Proposed Rule on the Detection and Avoidance of Counterfeit Electronic Parts in Government Contracting

Authored by Summer Clerk, Jenny Eaton On May 16, 2013 the Department of Defense (“DoD’) released a proposed rule to modify the Defense Federal Acquisition Regulation Supplement (“DFARS”). This proposed rule relates to the detection and avoidance of counterfeit electronic parts. The purpose of the rule is to hold contractors accountable for detecting and avoiding… Read more »

Jones Act or Longshore Act?

Authored by attorney Lisa L. Thatch The Supreme Court recently issued an opinion that may have the effect of permitting more injured workers to fall within the realm of the Longshore and Harbor Workers Compensation Act (the “ Longshore Act”) but excluding them from the Jones Act. In Lozman v. City of Riviera Beach, the Court… Read more »

Construction Site Falls, Injuries & Fines

Authored by attorney George M. Nicholos Falls are the leading cause of death in construction according to the latest OSHA reports. OSHA or the Occupational Safety Health Administration was created by the Occupational Safety and Health Act enacted by Congress in 1970. Under the Act, employers have a responsibility to provide a safe workplace and… Read more »

Public-Private Partnerships: Conflicting Interests Between Design-Builder and Designer

Authored by attorney Michael L. Sterling Federal, state, and local governments are turning to the private sector to meet construction and infrastructure demands. Currently, one of the most widely used options is the Public-Private Partnership (“PPP”). On the design side, a PPP project will involve at least three parties – the Concessionaire, Design-Builder and Designer… Read more »

Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

Authored by attorney Megan B. Caramore The Miller Act requires that a contractor who is awarded a government construction contract worth $100,000 or more must furnish a payment bond. It also limits the potential claimants on the bond to persons who provide labor and materials directly to the prime contractor or persons with direct contractual… Read more »