If your company is facing litigation, especially in high-stakes cases, one of the first questions you and your counsel should address is whether the testimony of an expert witness might be helpful, or even essential, to your case. Expert witness testimony comes into play, as stated in Federal Rule of Civil Procedure 702, whenever “the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue.” Whether . . . Read More
GOVERNMENT CONTRACTS Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs On January 30, 2017, President Trump issued an executive order requiring for every one new federal regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. In addition, for fiscal year 2017, the heads of all agencies are directed that the total incremental cost of all new regulations, including repealed regulations, . . . Read More
The Court of Federal Claims (“Court”) has issued a bid protest decision which stated, in apparent dicta, that a concern must satisfy a 150-employee standard under the Information Technology Value Added Resellers (“ITVAR”) exception to NAICS code 541519 as opposed to the 500-employee size standard which a concern usually must meet to qualify as a small business under the requirements of the “non-manufacturer rule” (“NMR”). York Telecom Corp. v. United States, No. 15-489 (Fed. Cl. Jan. 11, 2017). According to an SBA . . . Read More
By Kimi Murakami Comprehensive due diligence review of any target company is imperative when determining whether to buy another company. Layer on the fact that the target company has government contracts then several unique issues must also be critically evaluated when performing due diligence. Failure to do so could result in a significant loss in value of the target – and its contracts – after the acquisition has closed. What follows is a list of certain key issues that should . . . Read More
GOVERNMENT CONTRACTS Executive Order Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects On January 24, 2017, President Trump issued an executive order for agencies to streamline and expedite environmental reviews and approvals for all infrastructure projects, including projects that are high priority, such as improving the U.S. electric grid, telecommunications systems, and repairing and upgrading critical port facilities, airports, pipelines, bridges and highways. The executive order also directs the White House Council on Environmental Quality to decide within . . . Read More
By Michelle Litteken It is a new year, and this is the perfect time for a small business to consider whether it still qualifies as a small business. We recommend that small businesses assess their size at least once a year. Because eligibility under a revenue-based size standard is based on a company’s average revenues from the most recently completed three fiscal years, and those revenues generally establish a company’s size for the entire upcoming year, the beginning of a . . . Read More
By Dana Livne When our clients decide to launch a business, they often ask us about the incorporation process. Business owners incorporate their business primarily to limit their personal liability for business debts and obligations. Choosing where to incorporate is an important decision, because the state your company calls home will continue to influence a number of aspects of your company’s lifecycle. Over 50 percent of the United States’ companies choose to incorporate in Delaware, even if they do not . . . Read More
It is our pleasure to announce that Megan C. Connor has become a partner of the firm Ms. Connor is a talented advocate for the firm’s clients and her experience extends across all of the firm’s practice areas. She counsels clients on a wide-ranging span of government contracting and general business matters. Her litigation background includes representing contractors in state and federal courts concerning business and employment matters. She has been an associate with the firm since 2011.
