Assignments and Novations

Typically, government contracts cannot be assigned from one contractor to another. However, the law recognizes that it is in the government’s best interest to allow government contractors to undertake a merger or acquisition. Therefore, the law provides for assignment of contracts in the context of a merger or acquisition through a process known as novation. … Continued

Can the FOIA Betray Your Trade Secrets?

A company’s trade secrets can be among its most valued property.  Of course, a company’s proprietary information is only valuable insofar as it is kept secret from its competitors.   Government contractors typically include proprietary information in their proposals to the government or, for a variety of reasons, an agency may require the disclosure of … Continued

“Legitimate Interest” Under the GDPR

In our last blog post, we described generally the European Union’s new data privacy regulation that has everyone talking: The General Data Protection Regulation (“GDPR”).  Under the GDPR, a company cannot process personal data unless it can provide a legal basis for doing so.  If your company processes the personal information of people residing in … Continued

What Does the GDPR Mean for U.S. Companies?

Starting May 25, 2018, U.S. companies who sell products or services in the European Union must ensure compliance with another data privacy law—this time from across the Atlantic. If your business touches Europe, you have likely heard of the EU’s General Data Protection Regulation (“GDPR”). The GDPR seeks to harmonize EU Member States’ patchwork of … Continued

SBA Expands OHA Jurisdiction to Include CVE Protests and Appeals

The jurisdiction of the Small Business Administration (“SBA”)’s Office of Hearings and Appeals (“OHA”) has been expanded to allow OHA to hear protests of eligibility for the Department of Veterans Affairs’ (“VA”) veteran-owned small business (“VOSB”) service-disabled veteran-owned small business (“SDVOSB”) program, known at the VA as the Center for Verification and Evaluation (“CVE”) Veteran … Continued

The Latest in the SLAPP Wars

Recent decisions have created a wrinkle in the procedural issues related to anti-SLAPP laws. As we discussed in April, the DC Circuit created a split in the circuits when it departed from the general holding that anti-SLAPP statutes could be used in diversity cases applying state law. In Abbas v. Foreign Policy Group, LLC, the … Continued

The Intersection of Free Speech and Trademark Law

We recently discussed the convergence of Anti-SLAPP laws and copyright law. As ongoing litigation in the Federal Circuit demonstrates, the First Amendment also intersects intellectual property law in the context of trademark rights. In April, the Federal Circuit upheld the U.S. Patent and Trademark Office’s denial of trademark registration for an Asian-American band called “The … Continued

Informative EFF Post on the SPEAK FREE Act

The Electronic Frontier Foundation‘s “Deeplinks Blog” has an excellent post on the SPEAK FREE Act (the proposed Federal Anti-SLAPP law) we posted about on Thursday. The EFF post provides a very good summary of the purpose of the Act, how the proposed law would work in practice, and the background of SLAPP litigation.  Take a … Continued

Federal Anti-SLAPP Statute proposed in Congress

The always informative DC Anti-SLAPP Law blog has a great post on the proposed SPEAK FREE Act of 2015.  Given the ever-evolving anti-SLAPP landscape, and the confusion/discord over the application of state Anti-SLAPP statutes to claims in Federal Courts, the time is ripe for a Federal statute. If you or your organization have been threatened … Continued

Copyright Enforcement and the California Anti-SLAPP Law

Anti-SLAPP laws are typically associated with defamation lawsuits. So how can an Anti-SLAPP law help copyright owners who enforce their rights? An ongoing class action dispute against Warner Brothers and other defendants shows one way. One of the claims in the class action suit against Warner Brothers and others arose from the defendants seeking subpoenas … Continued