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
New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship
In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with post-construction consequential damage claims allegedly caused by Continue Reading
Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump’s Mama Was Right All Along
Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to navigate life’s many adversities. Perhaps the most famous of Mrs. Gump’s quotes Continue Reading
Coming Soon to a Federal Agency Near You… An Expanded Small Business Mentor-Protégé Program
New Small Business Administration Rules Will Increase Eligibility for Large and Small Businesses to Bid Jointly on Set-Aside Contracts, but Not Without Greater Competition The U.S. Small Business Administration’s (“SBA”) Section 8(a) business development mentor protégé program has long been Continue Reading
2016 Amendments to the Delaware General Corporation Law and the Delaware Limited Liability Company Act Effective August 1, 2016
In the event that you missed it, on June 16, 2016, Delaware Governor Jack Markell signed House Bill 371 into law, thereby amending the Delaware General Corporation Law (the “DGCL”) in numerous significant respects. Also, on June 22, 2016, Governor Markell signed House Bill 372 into law, which Continue Reading
IRS Issues Welcome Guidance on Nonqualified Deferred Compensation Plans Maintained by Tax-Exempt Entities
The IRS recently issued long-awaited proposed regulations under Section 457(f) of the Internal Revenue Code, which governs deferred compensation payable by tax-exempt organizations, including many hospitals, schools, colleges and charities. Section 457(f) applies to “ineligible” nonqualified Continue Reading
Chancery Addresses Limitations of the Power to Delegate Authority to Third Parties in a Delaware LLC
In a recent Memorandum Opinion in Obeid v. Hogan, C.A. No. 11900-VCL, the Delaware Court of Chancery addressed the delegation of litigation authority by limited liability company ("LLC") managers. Christopher S. La Mack, Dante A. Massaro, and the plaintiff, William T. Obeid, were the Continue Reading
It’s Time. Pick up the Shield.
When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to issue our more comprehensive view here, it looked like such a Continue Reading