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Aldevra, The Case That Keeps on Giving
‘Tis the season and Aldevra is the case that keeps on giving. Last we heard (October 11), GAO decided that the VA should have set aside one solicitation and done market research to determine whether there was a reasonable expectation …
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The Risks of Giving Negative Employee References to Potential Employers- Defamation Lawsuits
It came out in the news this week that Dakota Meyer, the only living Marine to receive the Congressional Medal of Honor since the Vietnam War, recently filed a lawsuit against his former employer, the defense contractor BAE Systems. Meyer …
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Title VII Protection: Internal Investigations May Protect Employers From Liability But Beware Of Waiver Issues
The Faragher-Ellerth affirmative defense can be used in Title VII actions to avoid employer liability where the employer exercised reasonable care to promptly prevent and correct the actions complained of by the employee and the employee unreasonably failed to take… -
New Representation Required for DoD Contractors Employing Former DoD Officials
On November 18, DoD issued a final rule requiring offerors in DoD procurements to represent that former DoD officials employed by the contractor are complying with post-employment restrictions applicable to that contractor. Such post-employment restrictions are found in the Procurement …
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Recent Push For More Agency Suspensions and Debarments Does Not Bode Well for Small Businesses
In August 2011, the General Accounting Office (GAO) issued a report which concluded that many agency suspension and debarment programs were inadequate. The report took a look at the suspension and debarment activity of ten agencies with contract obligations in …
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Copyright Infringement: Repeat Willful Violations Result in Permanent Injunction and High Damages
In a recent opinion, Seoul Broadcasting System Intl. v. Ro, an Alexandria U.S. district court granted Plaintiffs a permanent injunction and ordered steep damages against the defendants who were repeat copyright infringers and willfully ignored cease and desist letters,… -
Recent SBA OHA Case Underscores The Importance Of Demonstrating That a Service-Disabled Veteran Controls Its SDVOSB
In September, I blogged on the importance of ensuring that a service-disabled veteran “controls” the company if the company holds itself out as a service-disabled veteran owned business (SDVOSB). Lack of “control” is the single number one reason a SDVOSB …
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Big Penalties For Overly Broad Non-Competes in Virginia: Entire Provision May Be Struck
On November 4, 2011, the Virginia Supreme Court struck an entire non-compete provision in an employment agreement for containing language that was too broad. Although many states will simply “blue pencil” the non-compete by striking only those overly broad portions, …
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Aldevra, Chapter II
Last month I posted a bit on the Government Accountability Office’s decision in Aldevra. The case raised an interesting issue: do the Veterans First Contracting Program rules trump the “required sources of supply” rules? Specifically, Aldevra argued that before …
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New Proposal on Executive Compensation
In a blog post earlier this week, I discussed Obama’s proposal to lower the cap on the amount of executive compensation for which contractors can see reimbursement under their cost contracts. Obama’s proposal is to lower the cap to $200,000, …
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