As far as contamination concerns go, asbestos-containing materials (ACM) are generally way down the list of issues at a shutdown coal plant. You hire certified contractors, bag the ACM and dispose of it in approved landfills. Now you are good to go, right? Maybe not. The larger significance of 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
New Jersey Property Tax Appeal Time
It is property tax appeal season in New Jersey. If you own or lease commercial, residential and/or investment property in New Jersey, now is the time to review whether you should file a 2017 appeal. If you own real property in New Jersey, by February 1 you will receive a Notice of Assessment from Continue Reading
The Court of Chancery Deviates from Some Recent Appraisal Decisions and Gives “100 Percent Weight” to the Deal Price
In a recent decision out of the Delaware Court of Chancery—Merion Capital L.P. v. Lender Processing Services, Inc., C.A. No. 9320-VCL (Del. Ch. Dec. 16, 2016) ("LPS")—Vice Chancellor Laster strayed from several of the Court of Chancery’s recent appraisal opinions and assigned "100 percent weight" to Continue Reading
The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide
In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain language of the purchase agreement required the parties to resolve Continue Reading
Switches and Sweets: Belsnickel Brings Defense Contractors and Subcontractors New Cybersecurity Controls in Preholiday Revisions of NIST Cybersecurity Publication
If you are aware of German Christmas folklore (and really, who isn’t?), you know that Belsnickel is a legendary companion of St. Nick who carries a switch with which to punish naughty children and a pocketful of sweets to reward good ones. This holiday season, many are feeling the sting of a switch Continue Reading
Disclosure of Export Control Violations May Disqualify Defense Contractors
Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is αποκάλυψη, transliterated to apokálypsi, or “apocalypse.” Nomen est omen. This came to mind while reading the pronouncements Continue Reading
A Quick Look at the New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board ﴾TTAB﴿ will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on, or filed after, January 14, 2017. Among the many 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
Change Anticipated in Uncertain Requirements for Motions to Amend Claims in Inter Partes Review
In the America Invents Act (AIA), Congress gave the U.S. Patent Office the power to correct patent claims in inter partes review. Congress also require the Patent Office to issue procedural rules setting forth how patent owners could narrow their claims. But the Patent Office elected to Continue Reading