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|Failure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform|
Stanley A. Martin; Duane Morris LLP;
November 17, 2014, previously published on November 3, 2014When a New Jersey public authority failed to comply with the NJ Prompt Pay Act, 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. After...
|Government Contracting, the False Claims Act and the Art of Voluntary Disclosures|
Brett W. Johnson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 2014With 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...
|Die Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die|
Katherine A. Booth; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 15, 2014Followers 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...
|What 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.;
September 25, 2014, previously published on September 10, 2014In 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...
|Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act|
Susan Neuberger Weller; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 8, 2014, previously published on August 27, 2014The 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...
|Second Amendment Rights “Out the Door” in D.C.|
Cameron M. Rountree; Williams Mullen;
August 11, 2014, previously published on August 7, 2014Despite 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...
|Supreme Court Holds Public Employee's Testimony is Protected by First Amendment|
Hancock Estabrook LLP;
July 30, 2014, previously published on July 2014In 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...
|Zombie (Debt Collector) Beware: West Virginia Expands Prohibited Actions|
Sarah B. Smith; Spilman Thomas & Battle, PLLC;
July 26, 2014, previously published on July 16, 2014America’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...
|Shedding 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;
July 24, 2014, previously published on July 18, 2014In 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...
|The Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?|
Laura Easton, Heather L. Treacy; Davis LLP;
July 23, 2014, previously published on July 21, 2014On 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...