Government Contracting, Communications & Media Law

Consistent With Precedent, FCC Finds Violation of Competitive Bidding Rules Where Price Is Not Primary Factor

by Rebecca Jacobs, Mark Palchick | Womble Carlyle Sandridge & Rice, PLLC on 5/8/2013

In a newly released Order, the FCC upheld a Universal Service Administrative Company finding that a school district had violated the Commission’s competitive bidding rules by failing to weigh price as the primary factor in...more

Contractors: Is Your Company’s Web Site Accessible to Individuals With Disabilities? (OFCCP Thinks It Should Be)

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/3/2013

In December, 2011, the Office of Contract Compliance Programs (OFCCP) caused much consternation among the federal contracting community by publishing proposed changes to the affirmative action and nondiscrimination...more

NIST Holds First Workshop on Executive Order Cybersecurity Framework

by Michael Baader, Jamie Barnett, Dismas Locaria, Anthony Rosso, Sejal Shah, Jason Wool, Brian Zimmet | Venable LLP on 4/11/2013

On April 3, 2013, the National Institute of Standards and Technology (NIST) held a workshop at the Department of Commerce in which it offered a sneak preview of the Cybersecurity Framework required under the recently-issued...more

NIST Seeking Comments on Revised Standards for FISMA Compliance

by Michael Baader, Keir Bancroft, Jamie Barnett, Andrew Bigart, Amanda C. Blunt, Dismas Locaria, Anthony Rosso, Raymond Shepherd, Robert Smith, Jason Wool | Venable LLP on 2/22/2013

On February 6, 2013, the National Institute of Standards and Technology (NIST) requested public comment on its latest revised draft of “Security and Privacy Controls for Federal Information Systems and Organizations,”...more

California Attorney General Brings Action Against Standard and Poor’s

by Orrick - Structured Finance Group on 2/20/2013

On February 5, the Attorney General of California, Kamala D. Harris, filed suit in Superior Court in California against Standard & Poor’s and its parent company, the McGraw Hill Company. The Complaint alleges violations of...more

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

by John L. Brownlee, William F. Gould, Timothy J. Taylor | Holland & Knight LLP on 2/1/2013

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their...more

Second Circuit Declares Off-Label Promotion Ban Unconstitutional: Implications for False Claims Act Defendants

by Aileen Mcgill | Patterson Belknap Webb & Tyler LLP on 1/17/2013

On December 3, 2012, the United States Court of Appeals for the Second Circuit held that the First Amendment protects pharmaceutical companies who truthfully promote the lawful, off-label use of prescription drugs from...more

2012-13 Education Legislation Summarized By KMTG

by Christian M. Keiner, Meghan Covert Russell | Kronick, Moskovitz, Tiedemann & Girard on 1/15/2013

In order to have the new 2012-13 education legislation handy, we have combined our series on the subject into one easy to reference location. Here you will find a recap of all the legislation we summarized, along with a link...more

Letters of Intent Binding or Not

by Robert Freedman - Partner at Tharpe & Howell,... on 1/14/2013

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Intelligence Committee Calls for Expansion of CFIUS Jurisdiction

by Patton Boggs LLP on 10/11/2012

On October 8, 2012, the House Intelligence Committee issued a damning bi-partisan report on what it perceived to be national security risks posed by two Chinese telecommunications companies: Huawei and ZTE. The committee...more

Local Governments Facing Tough Times, Bankruptcy

by Peter Bauman - Senior Associate at Tharpe &... on 8/23/2012

What do Stockton, San Bernardino and Mammoth Lakes,California have in common? If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more

International Entities Need to Start Collection Efforts on Business Debt Early for Best Results

by Robert Freedman - Partner at Tharpe & Howell,... on 8/18/2012

International companies that do business in the U.S. will at one time or another likely encounter a situation where a U.S.-based customer defaults on its debt. In this case, it is important for the international entity to...more

California Manufacturing Growth Spurs Industrial Sector

by Peter Bauman - Senior Associate at Tharpe &... on 8/14/2012

The US economy may be experiencing slow growth but that doesn’t mean there aren’t positive signs in certain sectors. The industrial sector in California is one area that offers signs of potential future growth. That’s the...more

The Power of the Personal in Building and Maintaining Business Relationships

by Peter Bauman - Senior Associate at Tharpe &... on 7/21/2012

It’s been said that people do business with people they like and trust. Not with computers or apps or processes they like and trust. People. Technology has been a market-mover for many businesses, making companies...more

Law suit alleging defamation by Competition Bureau allowed to proceed

by Michael Osborne on 2/24/2012

Ontario's top court recently allowed parts of a claim that the Competition Bureau defamed suspects when it an announced bid-rigging charges against them to proceed to trial....more

Court of Appeal Orders Unauthorized Digital Billboards Removed

by Peter Bauman - Senior Associate at Tharpe &... on 1/3/2012

Los Angeles has had a long and controversial history dealing with billboard issues, most recently brought to light in the Second District Court of Appeal decision in Summit Media v. City of Los Angeles (12/10/12), a case in...more

Business News Digest - November 2010

by Venable LLP on 11/16/2010

In This Issue: Advertising & Marketing and Energy: FTC Proposes Revised Green Marketing Guides; Advertising and Marketing Litigation: U.S. Trade Representative Seeks Public Comment For List of Markets Notorious for...more

"Loose Tweets Sink Fleets" - What Government Contractors Should Include In Their Social Media Policy

by Sheppard Mullin Richter & Hampton LLP on 11/13/2010

“Loose tweets sink fleets” is a new twist on a familiar saying. It is also borrowed from the Navy Command Social Media Handbook issued October 15, 2010. The Navy appreciates that social media is widely used, and that a ban on...more

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Government Contracting › Communications & Media Law