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

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

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

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

Jennifer L. Eaton
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 ...
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Joint Ventures & Double BPOL

Joint Ventures & Double BPOL

Geoffrey G. Hemphill
Authored by attorney Geoffrey G. Hemphill There are many reasons to use a joint venture to bid on a construction project. One potential negative consequence seen recently is the threat of paying the business license tax twice. And as Seinfeld taught us, double dipping is bad and should be avoided. The Virginia Business Professional and ...
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Jones Act or Longshore Act?

Jones Act or Longshore Act?

Vandeventer Black
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 ...
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Construction Site Falls, Injuries & Fines

Construction Site Falls, Injuries & Fines

George M. Nicholos
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 ...
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Public-Private Partnerships: Conflicting Interests Between Design-Builder and Designer

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

Construction
Michael L. Sterling
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 ...
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Miller Act Payment Bond Protection Do Not Extend to Third-Tier Subcontractors

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

Megan B. Caramore
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 ...
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Rebound in Construction Activity?

Rebound in Construction Activity?

George M. Nicholos
Authored by attorney George M. Nicholos The Architecture Billings Index for February of 2013 indicates a continued strong pace in design activity in architectural firms and suggests an oncoming jump in nonresidential construction spending during the second half of this year. The Architecture Billings Index (ABI) is a composite index derived from monthly report surveys ...
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We Won the Contract, But Then Discovered a Mistake in our Bid. Now What?

We Won the Contract, But Then Discovered a Mistake in our Bid. Now What?

Anthony J. Mazzeo
Authored by attorney Anthony J. Mazzeo The euphoria you feel upon being notified by a contracting officer that your company has been awarded a federal contract on which you recently bid can quickly turn to dread if you discover that a mistake caused you to underbid the work. Being bound to a contract based on ...
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New Restrictions on Mechanic's Lien in Virginia

New Restrictions on Mechanic’s Lien in Virginia

James R. Harvey
Authored by attorney James R. Harvey The 2013 Virginia General Assembly passed a new law further complicating Virginia’s mechanic’s lien laws. The bill, which passed with wide support in the House of Delegates and Senate amends Va. Code §43-3 to now prohibit liens by those without a valid Virginia contractor’s license. “A person who performs ...
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Am I Responsible for That?

Am I Responsible for That?

Neil Lowenstein
Authored by attorney Neil Lowenstein Landowners hire contractors to perform work for the landowner.  Contractors then typically hire multiple subcontractors to perform various portions of that work.  And, subcontractors then hire sub-subcontractors to perform various portions of their work.  And, so on depending upon the nature of the particular project.  Often the work being performed ...
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OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

OSHA Guidelines Put a Damper on Employee Safety Incentive Programs

Jennifer L. Eaton
Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton In March, OSHA issued a memorandum that discussed acceptable and unacceptable safety incentive programs. OSHA affirms that employers are not allowed to intentionally or unintentionally provide incentives to employees to not report injuries. OSHA identifies positive incentive programs that are allowed. These positive incentive programs ...
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New Rule on Distracted Service Vehicle Driving Makes Unsafe Habits Expensive

New Rule on Distracted Service Vehicle Driving Makes Unsafe Habits Expensive

Construction
Jennifer L. Eaton
Jul 2012 , Vol. VI, No.1 Authored by Jennifer Eaton At the beginning of this year, the federal Department of Transportation (DOT) prohibited service vehicle drivers from using hand-held devices while driving. The DOT defines a service vehicle as any commercial motor vehicle. Examples of service vehicles include buses, freight carriers, and carriers of hazardous ...
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Sup. Ct Hands Down New Opinoins

Sup. Ct Hands Down New Opinoins

Appellate Practice
Vandeventer Black
Found Here: http://appellate.nccourts.org/opinions/?c=sc&year=2012 There is a workers' comp case here: http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi81MzlBMTEtMS5wZGY= A Rule 9(j) case here: http://appellate.nccourts.org/opinions/?c=1&pdf=MjAxMi80NDNBMTEtMS5wZGY= ...
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Preventing Workers' Compensation Fraud

Preventing Workers’ Compensation Fraud

Vandeventer Black
According to some statistics, workers’ compensation fraud contributes significantly to the annual estimated 30 billion dollar insurance fraud problem. Fraudulent workers’ compensation claims drain time and resources that are meant to assist workers legitimately injured on the job, and cost employers in higher insurance premiums. Though insurance fraud can be a staggering problem, there are ...
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