On November 20, the U.S. Court of Appeals for the Fourth Circuit decided the case of Cox, et al., v. Duke Energy, Inc. et al., affirming the ruling of the U.S. District Court for the District of South Carolina’s grant of the defendants’ motion for summary judgment in a 42 U.S.C. § 1983 civil…
Today, our colleagues Dick Oliver and David Dixon published their Client Alert titled Changes for Bid Protests in FY 2018 NDAA. On November 8, the U.S. Senate and House Armed Services Committees announced that they had reached an agreement to reconcile the different versions of the National Defense Authorization Act for…
California has taken a significant step in aligning its procurement expenditures with its vanguard climate change policy. On October 15, 2017, Governor Jerry Brown signed A.B. 262, the Buy Clean California Act (Chapter 816, Statutes of 2017). Beginning in 2019, the state’s Department of General Services (DGS) is to establish…
Title III of the Americans With Disabilities Act imposes a proactive duty on businesses subject to the ADA to remove architectural barriers and other obstacles that impede disabled persons’ access to an existing public accommodation. For years, lawmakers have grappled with how to protect disabled persons and, at the same time, not…
The endless variety of federal regulatory programs are subject to the requirements of federal administrative law, i.e., the Administrative Procedures Act (APA). The APA is chiefly the province of the U.S. Court of Appeals for the District of Columbia Circuit. In a recent case involving the U.S. Department of Energy’s (DOE)…
In Federal Contractors Beware DHS Proposes Robust Cybersecurity Procurement Regulation to Safeguard Controlled Unclassified Information (CUI), my colleagues and I discuss the proposed Department of Homeland Security (DHS) procurement regulation to safeguard CUI and its internal inconsistencies/ambiguities.
This is the first post in an ongoing series of posts on real estate and construction lending. Check back soon for more posts in our series. In New York, contractors must be careful to file the correct type of lien to ensure they will be paid for their labor and/or materials. State law…
On March 14, U.S. Federal Judge Royce Lamberth granted Halliburton’s motion for summary judgment and dismissed Mr. Barko’s claims against Halliburton, filed under the False Claims Act (FCA), which, along the way, resulted in important rulings protecting the attorney client privilege. The case is United States of America ex rel. Harry…
Below is a brief summary of the Office of Management and Budget’s recently issued “America First, A budget Blueprint to Make America Great Again.” The Blueprint only provides details on discretionary spending proposals. The full budget, to be released later this spring, will include specific tax proposals and a “full fiscal…
Yesterday, the White House published a Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch directing the Director of the Office of Management and Budget, after a period of review and consultation with the agencies, to propose a plan to streamline the federal government’s executive agencies, both reorganizing…