Proposed changes to FRCP 30(b)(6) (deposition of a corporate representative) and how they may affect you.

Rule 30(b)(6) of the Federal Rules of Civil Procedure has long been both a blessing and a curse for litigators. It allows for a deponent corporation, partnership, association, or government entity to identify an individual or a number of individuals to testify on the entity’s behalf. That individual, when testifying, is speaking for the entity … Continued

Documentation of agency decision can be a critical issue in bid protests

When evaluating offerors for a federal contract, agencies are required to document their evaluation decisions and judgments in sufficient detail. This is an often overlooked requirement that can be the deciding factor in a successful bid protest. A recent GAO decision reiterated this point. In Soft Tech Consulting, Inc., B-416934 (Comp. Gen. Feb. 1, 2019), … Continued

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