Alex Major explains how contractors should approach the Federal Acquisition Supply Chain Security Act in this Feature Comment for the Government Contractor. Continue Reading
Litigating ‘Cause’ Under NY Employment Contract
“Cause” standards in employment contracts generally leave open a critical issue: the relevance, if any, of the employer’s honesty, good faith, and evenhandedness in applying the “cause” standard. Surprisingly, the New York case law on this point is a mixed bag. In a recent New York Law Journal Continue Reading
At the Intersection of Public Disclosure and Secrecy
Mark Giarratana, Tom Rechen, and Snigdha Mamillapalli authored “At the Intersection of Public Disclosure and Secrecy: A Primer on the Complementary Protections of Patents and Trade Secrets in Litigation,” in the November/December issue of CT Lawyer Magazine. The team discusses the important role Continue Reading
SEC vs. CISO: The Truth, the Whole Truth, and Nothing but the Truth
The SEC’s charges of fraud and internal control failures against Solar Winds and its Chief Information Security Officer (CISO) reinforce the grave responsibilities held by a CISO. Alex Major and Chris Pogue cover the challenges facing public companies & CISOs in light of the enforcement action. Continue Reading
What Does My Signature Page Attach To? An Important Lesson in Contracting
Philip Amoa and Matt Rifino discuss in the Delaware Business Court Insider how the Delaware Court of Chancery’s decision in Braga Investment & Advisory v. Musa Yenni illustrates the importance of following contracting fundamentals. In Braga, an investor sought to rescind an agreement and Continue Reading
Cyber Security Slasher: What’s Lurking in FAR Case 2021-017, Cyber Threat and Incident Reporting and Information Sharing Proposed Rule
The Proposed Rule behind FAR Case 2021-017 may strike fear into the hearts of many contractors, as it implements new recommendations regarding cybersecurity reporting obligations. Alex Major highlights the necessary steps and potential risks federal contractors must consider in the Government Continue Reading
Biden Admin’s Mental Health Proposal May Not Be Enough
Kay Klele and Jessica Osterlof co-authored an article discussing the changes proposed by the Biden administration to the federal Mental Health Parity and Addiction Equity Act particularly with regard to the coverage gap and availability of services. Continue Reading
First Dept. Forms Bright-Line Rule to Cap Damages from Breach of ‘Agreement to Agree’
In the New York Law Journal column, “First Dept. Forms Bright-Line Rule To Cap Damages From Breach of ‘Agreement to Agree,’” Partner Curtis Leitner discusses the limits of damages available for the breach of a preliminary “agreement to agree.” Curtis’s March 2023 column analyzed a trial court Continue Reading
Setting the Table: The Department of Homeland Security’s Rules on Safeguarding Controlled Unclassified Information
Effective July 21, 2023, DHS is operating under new rules for government contractors on safeguarding Controlled Unclassified Information (CUI) and reporting cyber incidents. In this Feature Comment for The Government Contractor, Alex Major describes how government contractors can best navigate DHS’s Continue Reading
Lawyers Will Be Pivotal as Post-pandemic Commercial Real Estate Transforms
James Barkley spoke to Legal Dive about the future of commercial real estate and his plan for building the practice at McCarter. Continue Reading