A New Jersey Superior Court recently put to rest a tenuous coverage defense to which insurers stubbornly have clung in environmental coverage cases. The court held in Cooper Industries, LLC v. Employers Ins. of Wausau a Mutual Company et al., Docket No. L-9284-11, that a potentially responsible Continue Reading
In Luxury Fashion, the United States Is a Pirate
Luxury fashion is all about design. After design, come quality materials and workmanship, execution, branding, marketing and sales. But it starts and ends with the creative vision—the design—the protection of which is the lifeblood of the industry. China, for years the epicenter of fakes and Continue Reading
Federal Contractors and Subcontractors Subject to yet More Mandatory Disclosure Requirements
New FAR Rules and U.S. Department of Labor Guidance Implement the Long-Anticipated (and Much-Dreaded) Fair Pay and Safe Workplaces Executive Order Burdensome disclosure obligations, pay transparency, and other affirmative requirements as a condition of doing business with the federal government Continue Reading
Cybersecurity Vendors Must Be Careful With New GSA Option
Machiavelli — yes, that Machiavelli — knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when addressing that power. To be sure, in his 1521 treatise "The Art of War," the Continue Reading
Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional Doom
The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting, where 90 percent of the early battle is following the correct claim Continue Reading
Beware the Booty-Encrusted Hook: Cybersecurity Vendors Should Use Caution Approaching GSA’s IT-70 Solicitation for Highly Adaptive Cybersecurity Services, or “HACS”
Machiavelli – yes, that Machiavelli – knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when addressing that power. To be sure, in his 1521 Continue Reading
Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing
As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the bulk power system, and begin to take apart their plant, operators still have Continue Reading
New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship
In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with post-construction consequential damage claims allegedly caused by Continue Reading
Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump’s Mama Was Right All Along
Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to navigate life’s many adversities. Perhaps the most famous of Mrs. Gump’s quotes Continue Reading