If you are aware of German Christmas folklore (and really, who isn’t?), you know that Belsnickel is a legendary companion of St. Nick who carries a switch with which to punish naughty children and a pocketful of sweets to reward good ones. This holiday season, many are feeling the sting of a switch Continue Reading
Disclosure of Export Control Violations May Disqualify Defense Contractors
Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading
A Quick Look at the New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board ﴾TTAB﴿ will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or filed after, January 14, 2017. Among the many Continue Reading
Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export Violations
Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading
Coal Plant Shutdowns: Taking Steps to Control the Reopener
Operators shutting down coal-fired plants would be wise to plan ahead for potential future remediation obligations – aka the “reopener.” Predicting these obligations may be quite difficult, but operators can implement measures now to fully map site contamination and limit conditions that would Continue Reading
Universities Are Prime Targets for False Claims Act Liability
Colleges and universities receive billions of dollars in federal funds, whether through research grants or student financial aid, or even by billing Medicare or Medicaid for services rendered at academic medical centers. As a result, institutions of higher education must be vigilant to ensure that Continue Reading
Government Contractors Should Not Fear Contract Termination Over Twitter #ComplicatedRegulations #CostlyTerminationProvisions
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