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    Author Archives: Protorae Law

    1. Devon Hewitt Discusses The Small Contractors Improve Competition Act of 2015 with Bloomberg BNA’s Federal Contracts Report

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      Devon Hewitt, partner in Protorae Law’s Government Contracts Practice, was quoted by Bloomberg BNA in a March 25th article about the House Small Business Committee’s recent approval of the Small Contractors Improve Competition Act of 2015 (H.R. 1481) (SCICA) which strives to increase competition for small businesses seeking federal contracts.

      The new legislation addresses obstacles for small business contractors such as contract bundling, joint ventures and teaming agreements, and the Small Business Administration’s (SBA) non-manufacturer rule.

      Hewitt told BNA’s Federal Contracts Report that the bill’s joint venture and teaming provisions were the most impactful and would require agencies to credit newly organized joint ventures with the past performance of its members.  “Joint ventures are being used more and more by small businesses because procurements are getting bigger and including more complicated requirements.  The requirements in these solicitations often cannot be met by one small business, and joint ventures are an excellent option in these circumstances,” said Hewitt.

      Additionally, the legislation redefines the SBA’s non-manufacturer rule stating that it would not apply to contracts for services.  “Service contracts are a small business’s bread and butter, and application of the non-manufacturer rule to that type of contract will greatly reduce the number of small businesses eligible to compete for small business set-aside services contracts,” said Hewitt.

      Currently the bill has been endorsed by organizations such as The Associated General Contractors, The National Defense Industrial Association, Women Impacting Public Policy, National Electrical Contractors Association, American Institute of Architects, National Small Business Association, and Mid-Tier Advocacy.

    2. Devon Hewitt Legal Interview with Federal News Radio – Small Business Legislative Update

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      On Thursday, October 2, Devon Hewitt was interviewed over the phone by Federal News Radio regarding a series of legal and regulatory changes that have affected small business federal contracting doing business with the government, and gave Tom Temin an update on what’s ahead.

      Missed the live interview? You can listen to the recording of Devon’s small business legislative update interview by clicking here!

    3. Tips on How to Respond to a Subpoena

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      There are as many important issues relating to the rights of the business that receives a subpoena as the rights of the litigation parties. There are several factors to consider when a company receives a subpoena, and a knowledgeable business litigation attorney can provide significant aid in determining the best way to respond to a subpoena.

      You can read Jim Kinsel’s business litigation publication here: Tips on How to Respond to a Subpoena.

    4. Becky Segal Has Been Elected a Member of Protorae Law

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      Protorae is pleased to announce that Becky Segal has been elected a Member of Protorae Law.  Since she started at Protorae, Ms. Segal has been instrumental in the success of our business litigation team through her effective deposition tactics and well-considered motions practice, along with her skills in resolving business disputes through settlement negotiations, both with and without the aid of mediation.

      Prior to joining the firm, Ms. Segal practiced in complex civil litigation throughout state and federal courts across the United States. Becky received her law degree from the University of Virginia School of Law, and her bachelor of arts from the University of Virginia.  She is the President-Elect of the Rotary Club of Sterling, a member of the Virginia State Bar, the District of Columbia Bar, Virginia Association of Defense Attorneys, the Virginia Bar Association and the Loudoun County Bar Association.

    6. Devon Hewitt & Jim Kinsel are finalists for 2014 SmartCEO Power Players Awards

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      Both Devon Hewitt and Jim Kinsel were selected as award finalists in the SmartCEO Power Players program. The Power Players Awards program honors the leadership, innovation and impact of the region’s most enterprising accountants, attorneys and bankers. Power Players of the Year represent the best of the best, those who stood apart from the rest for their contributions to their industry, firms and the community at large.

      The individuals recognized in this program represent the best and brightest in the region—the impact players that help Washington businesses grow and thrive.

      As a Power Players finalist, both Devon and Jim will be honored at the awards event in September and profiled in the September/October issue of Washington SmartCEO magazine. More than 250 executives and guests will come together for the event on September 16th, from 6-9pm at the Westin in DC as the Power Players of the Year are announced live.

    7. Insurer Required to Defend Defamation Claim Based on Blog Post

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      The United States District Court for the Eastern District of Virginia has recently held that an insurer must defend a lawsuit alleging defamation and other business torts stemming from a blog post on the insured’s website.   State Farm Fire and Casualty Co., v. Franklin Center for Gov’t & Public Integrity, Case No. 1:13-cv-957 (E.D. Va. Apr. 4, 2014).  On cross motions for summary judgment, the court held that the insurer was obligated to defend the insured.

      The insured is a nonprofit that provides commentary on state and local politics from a free market and limited government perspective.  The underlying lawsuit alleged that two articles posted on the insured’s website defamed certain practices of then-gubernatorial candidate Terry McAuliffe’s car company, GreenTech Automotive, Inc.  The insured’s business liability policy provided coverage for “written publication[s] … that slander or libels a person or organization or disparages a person’s or organization’s goods, products or services.”  The court held that the underlying claims “squarely fall within coverage for ‘personal and advertising injury.’”

      Having found that the allegations were within the policy’s coverage grant, the court turned to the potentially applicable policy exclusions.  First, the court found that the underlying allegations were not solely premised on the insured acting “knowingly.”  The policy excluded from coverage any act that knowingly would cause an advertising injury.  Although it was alleged the insured acted “with an intent to harm,” the court held that it was possible that the plaintiff may recover without proving an intent to harm or acting with knowledge.

      Finally, and most significantly, the court considered the application of an advertising injury exclusion for the insured “whose business is: advertising, broadcasting, publishing or telecasting.”  The insured regularly posts news articles on its website for free.  The insurer claimed that this made the insured a “publisher.”  The court held that the term “publishing,” which the policy did not define, was at least ambiguous as to whether it exclusively meant a commercial business of selling books, magazines and other such materials.  As such, the court was required to construe the exclusion against the insurer, finding that the insured was not in the business of publishing.

      The court, therefore, held that the policy obligated the insurer to defend the insured in the underlying action.  The court did not rule on whether the insurer was obligated to indemnify the insured for any resulting liability.

    10. Devon Hewitt Quoted by Bloomberg BNA about Proposed Budget Cut for SBA

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      Devon Hewitt was quoted in a great article by Bloomberg BNA about the House Panel’s recommendation to cut SBA’s FY 2015 budget by $50 million.

      Devon commented that SBA is far behind in putting changes in place to amend their failure to act on congressional mandates, and referenced the expansion of the mentor-protégé program to all small business contracting programs, stating that it will be a game changer that will provide concrete access to federal contracts for all small businesses.

      To read the full article, click here.

      Reproduced with permission from Federal Contracts Report (Mar. 25, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033)  <http://www.bna.com>