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In J.M. Shrewsbury v. Bank of New York Mellon, (Del. Apr. 17, 2017), the Supreme Court of Delaware, sitting en banc, issued a decision of interest to lenders seeking to foreclose on real property in the state of Delaware. In reversing the order of the trial court granting summary judgment in favor Continue Reading

This mantra of an environmental movement that would curtail the direct-use of natural gas for heating buildings and hot water is an ironic twist on Henry David Thoreau sitting on Walden pond: “Simplify, simplify,” he wrote. That refrain—helpful today in a technology-saturated life—was written in Continue Reading

On April 18, 2017, at the headquarters of Snap-On Incorporated, a Wisconsin-based manufacturer, Donald J. Trump signed an Executive Order titled "Buy American, Hire American". The Hire American portion, explained in all of two paragraphs in Section 5, requires the Attorney General and Secretaries of Continue Reading

Following up on his repeated promises that the government will buy American and hire American, President Trump signed a Presidential Executive Order on Buy American and Hire American (the “Order”) on Tuesday, April 18, 2017, directing executive agencies to enhance Continue Reading

One of the thorniest legal issues facing employers today involves employee requests to telecommute. Although some jobs lend themselves to telecommuting on either a part- or full- time basis, the vast majority of jobs require regular attendance in the workplace. This is particularly true when it Continue Reading

Institutions of higher education are increasingly susceptible to False Claims Act liability for misuse of federal funds or for having made misrepresentations to the government to obtain those funds in the first place. The authors of this article discuss the rise in these allegations and offer Continue Reading

In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable?  Have you ever wondered why the Government included those specifications in the first place and, more generally, Continue Reading

In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable?  Have you ever wondered why the Government included those specifications in the first place and, more generally, Continue Reading

The “commerce clause” of the United States Constitution gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” U.S. Constitution, Art. 1, Sec. 8, Cl. 3. The commerce clause operates both to grant authority to Congress, and to Continue Reading

It’s surprising how often the simplest phrases can provide the most salient advice. The 6 P’s,for example: Proper prior planning prevents poor performance. While the phrase may be a bit of a tortured alliteration, the truth and simplicity of its sentiment can’t be denied: When you want a good Continue Reading