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
Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications
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
TCCWNA Violates the Dormant Commerce Clause
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
Your Biggest Cybersecurity Threat: Failing to Plan
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
Coverage Privileges and Protections: Insured vs. Insurer and Claimant vs. Insured
The attorney-client privilege is usually defined as applying to, and protecting from discovery, confidential communications between a client and its lawyer (or their respective agents) made for the purpose of obtaining or providing legal advice.[2] But in the liability insurance context, there are Continue Reading
Corporation Law: Pennsylvania 2017
A Q&A guide to corporation law in Pennsylvania. This Q&A addresses key areas of corporate law such as formation, foreign qualification, mergers, anti-takeover laws, and dissolution. Answers to questions can be compared across a number of jurisdictions (see Corporation Law: State Q&A Continue Reading
Admissibility of Industry Standards in Strict Products Liability Actions under Pennsylvania Law
Our Two-Part Series in The Legal Intelligencer Scrutinizes the Admissibility of a Product’s Compliance of Industry Standards This two-part article will discuss the admissibility of a product’s compliance with industry standards at trial in strict products liability actions. The first part Continue Reading
The Initial Steps, Third Circuit Appellate Practice Manual
Authored by over 30 experienced lawyers in the field of federal appeals, this practical guide explores appellate practice in the Third Circuit Court of Appeals. Topics addressed include: operation of the clerk’s office, mediation, electronic filing, preserving issues, motion practice, the scope and Continue Reading
Protesters’ Paradise at the GAO? Understanding the Rapid Rise in the GAO’s FY 2016 Bid Protest Sustain Rate
As a bid protest lawyer, one of the most frequent questions I hear from companies considering whether to pull the trigger and file a pre- or post-award bid protest is “Can we win?” My response – regardless of the meritorious nature of the protest grounds and the corresponding flaws in the Continue Reading
The Leaning Tower of San Francisco
Despite contributing to the recent economic recession that affected major metropolitan cities across America, the high rate of development and construction has rejuvenated the urban core of major cities, providing less dependence on suburban sprawl and establishing an essential infrastructure for Continue Reading