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
Delaware Supreme Court Redefines Contractual Good-Faith Standard and Cautions Limited Partners that Their Obligations Under LPA Can Be Enlarged Without Their Consent
Brinckerhoff v. Enbridge Energy Company Inc., Del. Supr., No. 273, 2016 (Mar. 20, 2017; revised Mar. 28, 2017) is the fifth opinion issued by the Delaware courts relating to the joint venture between Enbridge, Inc. (Enbridge), and Enbridge Energy Partners, L.P. (EEP). Enbridge is the ultimate parent Continue Reading
The Buy American–Hire American Executive Order: There Will Be Devils in the Details When Buying American
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
Take Care When Offering Telecommuting as a Reasonable Accommodation
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
Universities Are Prime Targets for False Claims Act Liability
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
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
Connecticut Appeals Court Adopts Continuous Trigger Theory; Recognizes the Unavailability of Insurance Rule without an Equitable Exception
On March 7, the Connecticut Appellate Court handed a victory to policyholders seeking insurance for long-tail liabilities. The court adopted both a continuous trigger for asbestos-related disease claims and an unavailability of insurance rule. R.T. Vanderbilt Co. v. Hartford Continue Reading
Coal Plant Shutdowns: The Tax Appeal Should Not Wait
Nothing is certain except death and taxes, unless you own a coal-fired power plant with a shutdown in its future, in which case – with apologies to Ben Franklin – we would also add the certainty of a property tax appeal. Host communities typically rely on the hefty annual check paid by electric 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