Carrier. UTC. Boeing. Swamp-draining rhetoric. While many ponder what America can expect from the next administration, one thing is clear – it appears to have its eyes on government contractors. However, it is important for those eyes to study the volumes of acquisition regulations under which the Continue Reading
Re-Register Takedown Agent or Lose Copyright Shield
If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent designations will be terminated as of December 31, 2017, because the Continue Reading
Board’s Adoption of a Plan of Dissolution Held Not to Be a Breach of the Directors’ Fiduciary Duties
In The Huff Energy Fund, L.P. v. Gershen, C.A. No. 11116-VCS (Del. Ch. Sept. 29, 2016), the Delaware Court of Chancery dealt with the issue of whether a company’s decision, approved by its board of directors and its stockholders, to dissolve the company following the sale of a significant portion of Continue Reading
Coal Plant Shutdowns: Plant Operators Should Engage Local Communities
Coal plant operators would be wise to work with local communities when planning to wind up operations. A report issued last week by governmental actors offers guidance to local communities affected by any large power plant shutdown. The report, titled When People and Money Leave (and the Plant Continue Reading
Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective Bargaining Agreements
Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor Relations Board (“NLRB” or “Board”), however, has taken an increasingly dim view of Continue Reading
IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans
Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if the 60-day deadline was missed, the IRS required that the taxpayer Continue Reading
New Jersey Court Confirms a PRP Letter Constitutes a “Suit” Triggering an Insurer’s Duty to Defend
A New Jersey Superior Court recently put to rest a tenuous coverage defense to which insurers stubbornly have clung in environmental coverage cases. The court held in Cooper Industries, LLC v. Employers Ins. of Wausau a Mutual Company et al., Docket No. L-9284-11, that a potentially responsible Continue Reading
Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional Doom
The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting, where 90 percent of the early battle is following the correct claim Continue Reading
Beware the Booty-Encrusted Hook: Cybersecurity Vendors Should Use Caution Approaching GSA’s IT-70 Solicitation for Highly Adaptive Cybersecurity Services, or “HACS”
Machiavelli – yes, that Machiavelli – knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when addressing that power. To be sure, in his 1521 Continue Reading
Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing
As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the bulk power system, and begin to take apart their plant, operators still have Continue Reading