Extraordinary Times Call for Extraordinary Force Majeure Clauses

Article published in Virginia Lawyer | April 2021 | VOL. 69 | The Construction Law and Public Contracts Issue | Page 14-17 Read more

April 6, 2021 | Litigation

In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

In order to bring an action in any United States tribunal, a party must have “standing.” “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a legal wrong.”… Read more

March 3, 2021 | Appellate Law | Government Contracts | Litigation

“I Demand a Jury”: No Turning Back

By Daniel L. Stephens

At the beginning of most cases filed in state court, litigants must make up their mind whether they want to exercise their right to a jury trial. This decision requires consideration of multiple factors such as: What kind of case… Read more

February 17, 2021 | Litigation

Federal Circuit Holds CICA Stay Clock Begins at Time of Debriefing When Disappointed Offeror does not Avail Itself of Right to Ask Additional Questions

No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays.[1] In NIKA Technologies v. United States, the Federal Circuit reversed a Court of Federal Claims (“COFC”)… Read more

February 15, 2021 | Appellate Law | Government Contracts | Litigation

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question. In Veterans4You LLC v. United States, the Department of Veterans Affairs… Read more

January 20, 2021 | Appellate Law | Government Contracts | Litigation

To Infinity and Beyond Immediate Parties: The Fourth and Ninth Circuit Split on the Enforceability of “Infinite Arbitration Clauses”

By Dustin M. Paul, Gaela R. Normile

Imagine walking into an AT&T store to sign up for a service plan and buy a new cellphone. Perhaps, you are excited to finally get your hands on the latest iPhone. At the same time your new phone is placed… Read more

October 6, 2020 | Alternative Dispute Resolution | Appellate Law | Litigation

Subpoena Power of Arbitrators Over Non-Party Documents

Arbitration is a means for parties to resolve disputes in a more efficient and less costly manner than seeking recourse through the judicial system. The Federal Arbitration Act empowers the arbitrator to subpoena non-parties and their documents to an arbitration… Read more

July 21, 2020 | Appellate Law | Construction | Government Contracts | Litigation

Supreme Court Extends Title VII Protections to LGBTQ Workers

On June 15, 2020, the United States Supreme Court officially declared that LGBTQ persons are protected from discharge or discipline because of sex under the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964. The Court’s landmark… Read more

June 16, 2020 | Appellate Law | Labor & Employment | Litigation

“Zone of Reasonableness” Test Prerequisite Addressed by the Federal Circuit

By Neil S. Lowenstein

The so-called “zone of reasonableness” standard has been long applied by federal courts and boards of contract appeals in evaluating contract interpretation when the contract is deemed ambiguous — meaning that it is susceptible to more than one reasonable interpretation.… Read more

June 10, 2020 | Appellate Law | Construction | Government Contracts | Litigation

COVID-19 Employment Lawsuits Are Already Brewing (Coronavirus and the Law)

By R. Patrick Bolling, Leah M. Stiegler, Thomas M. Winn III

Employers across the country already are being sued by current and former employees as a result of COVID-19. These lawsuits come from many angles including paid leave requirements, disability accommodations, and concerns over workplace safety. The cases below highlight issues… Read more

May 12, 2020 | COVID-19 Legal Updates | Labor & Employment | Litigation

Litigation