VideoCoverage Corner – Case Analysis: Henderson Road Restaurant Systems, Inc. V. Zurich (Video)Coverage Corner – Case Analysis: Henderson Road Restaurant Systems, Inc. v. Zurich.United StatesCorporate/Commercial LawWard & Berry
VideoHow Insurance Policy Virus Exclusion Clauses Relate To Business Interruption Insurance Claims (Video)How Insurance Policy Virus Exclusion Clauses Relate To Business Interruption Insurance Claims.United StatesInsuranceWard & Berry
ArticleOFCCP Opinion Letter Addresses Religious Bias In The WorkplaceThe opinion letter addresses six hypothetical scenarios in which religious bias can occur in the workplace.United StatesEmployment and HRWard & Berry
ArticleEmployee Or 1099? Department Of Labor Withdraws Opinion LetterOpinion letter FLSA 2019-6, issued in 2019 during the Trump Administration, had given employers a six-factor balancing test to determine whether workers were independent contractors.United StatesEmployment and HRWard & Berry
ArticleDoD Deputy Nominee Kathleen Hicks Critical Of "Use Or Lose" BudgetingKathleen Hicks, the Biden Administration's nominee for Deputy Defense Secretary, expressed criticism this week for the current "use or lose" culture in defense budgeting.United StatesGovernment, Public SectorWard & Berry
ArticleVirginia Will Likely Be The Second State To Pass Privacy LegislationThe Virginia state House of Delegates and Senate voted to approve data privacy legislation, titled the Consumer Data Protection Act...United StatesPrivacyWard & Berry
ArticleUnited States Ex Rel. Adams v. Dell Computer Corp.- Contractual Conditions Must Be Material To The Government's Decision To PayDell moved to dismiss the case for failure to state a claim, which the court granted and dismissed the complaint. United StatesGovernment, Public SectorWard & Berry
ArticleCOFC: Government Must Conduct Rule Of Two Analysis Before It Uses IDIQsEvery small business government contractor is familiar with the Rule of Two —it is the longstanding axiom of federal procurement law that an agency must conduct market research to determine whether there is a "reasonable expectation" ...United StatesGovernment, Public SectorWard & Berry
ArticleIn Re: Teledyne Brown Eng'g Inc.,- Appearances Are Important! Even Appearance Of A Conflict Of Interest Is Enough To Taint A ContractIn this case, Teledyne Brown Engineering, Inc. protested an award to SGT, LLC by NASA. The contract was for acquiring ground systems and operations services at Marshall Space Flight Center .United StatesGovernment, Public SectorWard & Berry
ArticleASBCA Jurisdiction And The "Suspicion" Of Fraud: Government Overreach Held In CheckIn the Appeal of Mountain Movers/Ainsworth-Benning, LLC, ASBCA No. 62164, the Armed Services Board of Contract Appeals recently denied a Government motion to dismiss holding that once the Board was vested with jurisdiction, ...United StatesGovernment, Public SectorWard & Berry
ArticleBringing The Blockchain To The Federal Government Contracting Workspace, Part IThe U.S. Government is actively seeking to utilize the power of the blockchain (or, as it is more formally known, distributed ledger technology or DLT) to enhance government systems across various platforms and agencies. United StatesTechnologyWard & Berry
ArticleComprehensive Health Servs., LLC V. United States – Overriding CICA's Automatic StayWould you view the acquisition of COVID-19 tests as an "urgent and compelling" reason to depart from full and open competition?United StatesGovernment, Public SectorWard & Berry
ArticleDOD Proposed Rule To Codify And Expand Enhanced DebriefingsOn May 20, 2021, The Department of Defense published a proposed rule that codifies and expands the DOD's enhanced debriefing program.United StatesGovernment, Public SectorWard & Berry
ArticleThe Court Of Appeals For The Federal Circuit Definitively Answers When A Debriefing Concludes Under DoD's New Enhanced Debriefing RulesThis is important because it increases the amount of time that a disappointed offeror has to file a bid protest at the GAO and still receive a CICA stay.United StatesLitigation, Mediation & ArbitrationWard & Berry
ArticleBoeing Co. v. United States: Waiver Of A Solicitation Defect – Interpreting Blue & Gold Fleet, L.P.In this instance, the contract required Boeing to abide by both (1) FAR § 30.606; and (2) cost accounting standards. United StatesGovernment, Public SectorWard & Berry
ArticleWashington, DC May Soon Have The Strictest Ban On Non-Compete ProvisionsOn December 15, 2020, the Council of the District of Columbia voted unanimously to approve the Ban on Non-Compete Agreements Amendment Act (Bill 23-494), which would ban the use of non-compete provisions in employment agreements ...United StatesEmployment and HRWard & Berry
ArticleIn Re: Chronos Sols.-The GAO Indicates That COVID Related Contract Changes Can Be Material ChangesHUD functions through the Federal Housing Administration, and is responsible for administering insurance programs for single-family mortgages. United StatesGovernment, Public SectorWard & Berry
Article8(a) Business Development ProgramIf you do not belong to these groups, you can still demonstrate that you are socially disadvantaged by meeting the 8(a) program's requirements.United StatesGovernment, Public SectorWard & Berry
Article5 Policy Areas To Watch In 2021There is little doubt that the Biden Administration will pursue policy changes that will have a noticeable impact on the business and legal communities.United StatesGovernment, Public SectorWard & Berry
ArticleBeyond Whack-A-Mole: Effective Ethics & Compliance Programs For Small ContractorsSmall government contractors are in an unenviable position when it comes to developing effective ethics and compliance programs.United StatesCorporate/Commercial LawWard & Berry