Jackson Moore

Jackson Moore

Smith Anderson

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Federal Small Business Set-Aside Contracts When Selling or Buying a Business

In a prior Alert, we provided a high-level overview of the Anti-Assignment Act, which requires federal pre-approval for the sale of federal government contracts, often through a “novation agreement” signed by the seller,...more

9/1/2015 - Acquisitions Assignments Due Diligence Federal Contractors HUBZone Letter of Intent Mergers Novation Public Contracts SBA Small Business Veterans Women-Owned Businesses

North Carolina Business Court Recognizes Duty to Negotiate Contracts in "Good Faith"

Until there’s a binding contract, are you free to walk away from negotiations without penalty? Not necessarily. The North Carolina Business Court recently held that in certain circumstances parties have a duty to negotiate in...more

8/6/2015 - Attorney's Fees Breach of Duty Business Court Division Contract Formation Contract Negotiations Damages Good Faith Unfair or Deceptive Trade Practices

Purchasing Credit Monitoring May Not Protect Companies from Data Breach Class Actions

2014 set a record for data incidents, with nearly 30% of the 783 data incidents reported by companies caused by hacking. At least 97 incidents are reported to have occurred from hacking during 2015, affecting approximately 7...more

7/30/2015 - Case Consolidation Class Action Commonality Cybersecurity Data Breach Debit and Credit Card Transactions Neiman Marcus Popular Predominance Requirement Retailers Standing

The Federal False Claims Act...Liability Even When There Is No Government Reliance

In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target...more

1/29/2015 - Defense Sector False Claims Act Falsified Documents Federal Contractors Fraud Qui Tam Triple Canopy

Does your CGL Policy Include Cybersecurity Coverage?

As implied by the name, the commercial general liability (CGL) insurance policy provides businesses with coverage for a wide array of claims by third parties, including claims for damage to “tangible property” and claims...more

8/14/2014 - Commercial General Liability Policies Corporate Counsel Cyber Insurance Cybersecurity Popular

SEC Commissioner Gives Corporate Boards a Cybersecurity Wake-up Call

“Given the significant cyber-attacks that are occurring with disturbing frequency, and the mounting evidence that companies of all shapes and sizes are increasingly under a constant threat of potentially disastrous...more

7/23/2014 - Corporate Counsel Popular

Will the Cybersecurity Framework Create a New Standard Operating Procedure for Businesses?

On February 12, 2013, President Barack Obama issued Executive Order 13636 (EO 13636) entitled “Improving Critical Infrastructure Cybersecurity.”EO 13636 noted the importance of cybersecurity for the nation’s security and...more

5/22/2014 - Compliance Critical Infrastructure Sectors Cybersecurity Cybersecurity Framework Data Protection Executive Orders NIST

Executive Order Raises Minimum Wage for Federal Contractors

As he suggested during his 2014 State of the Union address, President Obama intends to “lead by example” to increase the minimum wage by urging businesses to raise employee wages and by increasing minimum wages payable to...more

3/27/2014 - Executive Orders Federal Contractors Minimum Wage Wage and Hour

Is Your Teaming Agreement Enforceable?

Teammates who pursue a federal contract should agree up front and in detail regarding their respective obligations if the contract is awarded. Only agreeing to negotiate specific terms after an agency award is unlikely to...more

10/23/2013 - Federal Acquisition Regulations Teaming Agreements

Federal Contracts When Selling a Business

When selling a business, the owner must balance deal certainty, tax consequences, speed, regulatory clearances, third party consents and liability allocation. ...more

6/21/2013 - Assignments Contractors Federal Acquisition Regulations Novation

Over-the-Cliff: Advice to Contractors Facing Sequestration

Automatic spending cuts caused by “sequestration” went into effect on March 1, 2013, after the federal Government could not avoid or further delay sequestration as Congress and the President had agreed during January of 2013....more

3/15/2013 - Contractors Federal Acquisition Regulations Sequestration Settlement Spending Cuts Subcontractors Termination for Convenience

The National Defense Authorization Act of 2013 will Change Small Business Contracting and Teaming

Federal government contractors that contract or team with small businesses must become familiar with recent changes resulting from the National Defense Authorization Act of 2013, signed into law in early January (the “NDAA”)....more

2/21/2013 - Bonds Construction Contracts Mentor-Protege Program NDAA Safe Harbors SBA Small Business Subcontracts Supply Contracts Women-Owned Businesses

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