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Articles

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

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 »

Confusion Surrounds a New Virginia Law on Emploees’ Personal Identifying Information

Authored by attorney Anne G. Bibeau A new law, Va. Code § 40.1-28.7:4, which went into effect on July 1, 2013, has caused confusion for Virginia employers.  The law provides that an “employer shall not … be required to release, communicate, or distribute to a third party any current or former employee’s personal identifying information,”… Read more »

Risks of Indemnification Clauses

Authored by attorney Patrick A. Genzler Virtually all construction contracts and subcontracts contain an “indemnification” provision, which obligates one party to the agreement – the “indemnitor” — to “indemnify” or to pay certain liabilities that the other party – called the “indemnitee” – may incur during the contracted work.  Indemnification agreements are one of the… Read more »

Worker’s Compensation in Virginia: Employer Basics

Authored by attorney Megan B. Caramore Under Virginia’s Workers’ Compensation Act, employers have certain obligations to their employees.  Below is a list of the basic information that every employer should keep in mind. An employer who regularly employs three or more full-time or part-time employees is required to purchase and maintain workers’ compensation insurance.  Employers… Read more »

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 »