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HTMLFailure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act,[1] it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County.[2] After...


HTMLGovernment Contracting, the False Claims Act and the Art of Voluntary Disclosures
Brett W. Johnson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
With the end of the high levels of government contract spending during the Great Recession and the advent of sequestration and budget cuts, government contractors are competing for fewer and fewer opportunities. As this is occurring, government contracting officers, inspector generals, third-party...


HTMLDie Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring...


HTMLWhat Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim
Curtis G. Fox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 10, 2014
In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly that she ‘needed’ to be at church . . . as a...


HTMLWashington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 8, 2014, previously published on August 27, 2014
The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term “Redskins” when reporting on the National League football team, and...


HTMLSecond Amendment Rights “Out the Door” in D.C.
Cameron M. Rountree; Williams Mullen;
Legal Alert/Article
August 11, 2014, previously published on August 7, 2014
Despite what might be implied by this article’s title, Second Amendment rights have actually expanded in D.C. recently. Last month, in Palmer v. District of Columbia --F. Supp.2d-- (2014); 2014 WL 3702854 (D.D.C. July 24, 2014), the US District Court held that the city’s de facto...


Adobe PDFSupreme Court Holds Public Employee's Testimony is Protected by First Amendment
Hancock Estabrook LLP;
Legal Alert/Article
July 30, 2014, previously published on July 2014
In a unanimous decision authored by Justice Sotomayor, the United States Supreme Court held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope of his ordinary job responsibilities. Lane v. Franks, No. 13-483, 2014 WL...


HTMLZombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions
Sarah B. Smith; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
July 26, 2014, previously published on July 16, 2014
America’s fascination with zombies infiltrated the West Virginia Legislature during the 2014 Regular Session, resulting in the introduction of a “zombie debt” bill, House Bill 4360. The bill, as introduced, was designed to thwart all debt collection efforts after a debt’s...


HTMLShedding Light on CFIUS: Appeals Court Holds That CFIUS Review Lacks Constitutional Due Process
Mark L. Jensen, J. Scott Maberry, Robert L. Magielnicki, Thaddeus Rogers McBride, Brian D. Weimer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 24, 2014, previously published on July 18, 2014
In a stunning ruling issued on July 15, 2014, the U.S. Court of Appeals for the D.C. Circuit held that review by the Committee on Foreign Investment in the United States (“CFIUS”) and the subsequent unwinding of the investment deprived the foreign investor of due process under the 5th...


HTMLThe Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?
Laura Easton, Heather L. Treacy; Davis LLP;
Legal Alert/Article
July 23, 2014, previously published on July 21, 2014
On July 11, 2014, the Supreme Court of Canada (“SCC”) issued its decision in Grassy Narrows First Nation v Ontario, 2014 SCC 48 (“Keewatin”) and confirmed that Ontario has the exclusive power to “take up” treaty lands located in the Keewatin area of Treaty 3...


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