UpSlope Advisors, Inc., a firm known for its strategic and operational insights, has made waves in the sector by taking a stand regarding what they perceive as an unfair procurement process. They have lodged an explicit protest against a decision made by the United States Transportation Command (USTRANSCOM), arguing that the award of a contract…
The Consumer Financial Protection Bureau (CFPB) is intensifying its scrutiny of the higher education sector, as suggested by a new report it recently released on college and postsecondary school tuition plans. Ballard Spahr LLP offers an in-depth analysis of the report. The CFPB’s report sheds light on the prevailing practices in higher education tuition payment…
In recent development, Teledyne Brown Engineering, Inc. lodged a protest against a contract awarded to SGT, LCC by the National Aeronautics and Space Administration (NASA). This acquisition has been targeted towards ground systems and operations services at the Marshall Space Flight Center (MSFC) in Alabama. The details of the contract raise some serious questions about…
The U.S. Department of Health and Human Services’ recommendation to reclassify marijuana as a Schedule III drug has the potential to trigger significant ripple effects throughout the industry. This follows an executive order issued by President Biden in October 2022, which directed the Department of Health and Human Services (HHS) and the Department of Justice…
Corporate lawyers and in-house counsel at M&As face new challenges as regulators are stepping up enforcement against non-compete and no-poach clauses. Legal teams across the UK, EU, and US are being impelled to pay increased attention to drafting and regulating non-competes and other restrictive arrangements. This change of focus could have significant implications for the…
In the complex world of law, every clause, every provision, and every single word matters. Even those tucked away under the umbrella term of “miscellaneous” are not without consequence. While these provisions often go unnoticed, bypassed, and even dismissed as irrelevant by the unobservant eye, they play a crucial and sometimes, paramount role in many…
On September 15, 2023, Ultima Services (Ultima) ushered a substantial development in a suit of broad implications for participants of the Small Business Administration’s (SBA) 8(a) Business Development Program. Ultima filed a motion in the U.S. District Court for the Eastern District of Tennessee, seeking additional equitable relief in its ongoing legal challenge regarding the…
In a regulatory update that deserves close attention, the Securities and Exchange Commission (SEC) recently settled an administrative proceeding, during which it argued that an employer acted in a way that could have discouraged potential whistleblowers. In the case at hand, the employer, as a part of a severance agreement, mandated its employees to confirm…
As we approach another potential tipping point in American politics and economy, legal professionals would do well to prepare for the repercussions of a potential government shutdown. The likelihood of such an event tragically increases with tensions in Washington, and the potential consequences for federal contractors and grantees should not be downplayed. The question on…
In a notable move, the Federal Energy Regulatory Commission (FERC) selected the proposal of PJM Interconnection L.L.C.’s (“PJM”) despite certain exceptionalities. On September 21, 2023, the Commission gave partial approval to PJM’s proposed tariff revisions regarding the calculation of the Financial Transmission Right (“FTR”) credit requirement. The proposed revisions, among other aspects, involve the calculation…
With expectations rising that Congress will not succeed in agreeing on a continuing resolution to ensure short-term funding for the federal government, legal professionals and federal contractors are facing significant challenges. Senate and House negotiations over appropriations bills for the approaching fiscal year appear to be faltering, and federal officials are getting ready for a…
As the clock nears 12:01 am on October 1, 2023, commercial companies with government contracts are bracing for potential disruptions due to a looming government shutdown. Informed on September 28, 2023 about the shutdown’s imminence, these organizations find themselves in a situation fraught with uncertainty. Times like these, often marred with confusion about rights and…
The legislative session in California recently concluded and employers in the state are now awaiting decisions regarding the implementation of potentially transformative legal provisions. A collection of new laws are currently being evaluated and await Governor Newsom’s crucial signature or veto. This report highlights some of these proposed laws employers should be aware of. This…
The complex landscape of employment laws and regulations often leaves professionals grappling with misunderstandings, especially regarding termination laws – Virginia’s statute being one such instance. Misinterpretations or misconceptions about these laws can manifest as disputes and may even spiral into legal troubles. Such complications are commonly seen in the practices of attorneys at Dunlap Bennett…
The rules governing third-party beneficiary rights are notably complex, especially within the context of major construction projects. In these endeavors, multiple contractors, subcontractors, vendors, suppliers, or sub-subcontractors may be working simultaneously, making the probability of potential interferences or breaches high. This complexity often results in substantial legal uncertainty. To further explore this situation, let us…
In the intricate and competitive arena of government contracting, multitudes of healthcare-related goods and services are purchased by the government amounting to billions of dollars every year. As the stakes are high, every contract award has significant importance to healthcare contractors. In scenarios where errors are made in the governmental procurement process, healthcare contractors might…
In our continuing coverage of legal developments in the construction industry, we turn our spotlight onto the September issue of “The Site Report – Construction Law Insights“. The focus of this edition is on the growing trend of preconstruction taking center stage in projects. The trend has been sparked by a demand for increased communication…
As more fiscal clocks tick towards the final hour, the United States finds itself on the precipice of another possible government shutdown. Looking ahead, funding for the 2023 fiscal year is due to expire on September 30, 2023, at 11:59 pm EST. This mounting crisis, analyzed in a recent article on JD Supra, underlines the…
Welcome to the September 2023 issue of MarkIt to Market®. This month’s edition brings attention to two prime areas of legal development: revisions to the Federal Trade Commission’s guidelines for endorsements and the merit of design patent protection harmonizing with trademark protection. The Federal Trade Commission (FTC) is redrawing the landscape of influencer marketing with…
As legal practitioners well know, the realm of government funding and the ensuing effects of a shutdown are no strangers to the world of legal complexity. Come September 30, government contractors and federal fund recipients may find themselves in a familiar situation. The government shutdown clock is set to strike “zero hour” on that date,…
Law firms are bracing clients for the possibility of a government shutdown, with attorneys working extra hours to handle the influx of queries and lay groundwork for potential fallout. At the forefront of these preparations are Biglaw attorneys, who are fielding numerous questions from their clients and aiming to familiarize them with the possible scenarios…
The growing capabilities of artificial intelligence (AI) technology present new opportunities for human decision-making substitutes, even in the realm of arbitration. As these technologies transform every aspect of our lives, it is also crucial to carefully examine the potential repercussions, including the acceptance of a lack of human element in decision-making and the implications for…
The Mexican Congress is presently discussing a reform that would decrease the workweek from 48 to 40 hours, per a report from Holland & Knight LLP. This change could have substantial repercussions on workplaces throughout the country. Although details surrounding the specific impacts are not yet fully available, they are expected to be significant and…
In an age of fast-paced developments and swift entrepreneurial endeavors, the importance of drafting meticulous organizational documents is often glossed over by entrepreneurs and future IPO aspirants. Taking a situation analogous to this, one might consider this similar to purchasing a house without heeding to the exact name on the title or the details enshrined…
The landscape of noncompete agreements is rapidly evolving in the United States as various jurisdictions take steps to restrict or entirely prevent their use. In a significant development in the constitutional state, California recently expanded its ban on such agreements with a new amendment. With an already strict stance on noncompetes, California is ahead of…