Military Updates

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Third Circuit Holds SCRA Protections Do Not Extend to Servicemember-Owned Businesses

In a unanimous opinion in Davis v. City of Philadelphia, the U.S. Court of Appeals for the Third Circuit has held that Servicemembers Civil Relief Act (SCRA) protections do not extend to a servicemember's solely owned...more

Opportunities for Increased Drug Sales to the VA

Pharmaceutical manufacturers that produce drugs in non-designated countries under the Trade Agreements Act (TAA) may now have an opportunity to increase their sales to the United States government. The Department of Veterans...more

Who Assumes the Risk of Material Cost Increases? As Always, It Depends!

When a client asks me about a particular contract provision and why it is “unfair” or “uneven”, we began a discussion about risk allocation. You see, the contract is used to shift the various risks on the project to the party...more

Key Legislation Emerging from the 2016 Maryland General Assembly Session and Local Ordinances to Remember

Maryland's 2016 General Assembly session has now adjourned. Maryland employers should be aware of the following new laws resulting from this legislative term:  (1) Equal Pay for Equal Work; (2) Equal Pay Commission; (3)...more

Recent Decision Underscores the Importance of Keeping Detailed and Accurate Daily Logs

The Armed Services Board of Contract Appeals’ (ASBCA) recent decision in Dick Pacific Constr. Co., Ltd, serves as an important reminder to federal construction contractors that keeping consistent and detailed daily logs is...more

FAR Information System Security Standards Rules Finalized

The U.S. federal government announced on May 16, 2016, new Federal Acquisition Regulation (FAR) rules that set high-level standards for the basic safeguarding of contractor information systems that process, store or transmit...more

Final Government Contractor Basic Data Security Rule Issued

On May 16, 2016, the Federal Acquisition Regulations (“FAR”) Council published the final FAR rule on Basic Safeguarding of Contractor Information Systems. The rule is intended to prescribe “the most basic level” of...more

New One-Stop Online Employment Resource for Veterans and Employers

On May 2, 2016, the U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service launched a one-stop online resource for employment services for veterans. The new website, Veterans.gov, brings together job...more

Recent Alabama Tax Developments

The Alabama Legislature adjourned sine die on May 4 bringing the 2016 Regular Session to an end. The 2017 Regular Session is scheduled to begin in February and there have been reports of a potential special session later in...more

California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Pennsylvania AG Sues Financial Services Company for Defrauding Veterans

On May 5, 2016, the Pennsylvania Attorney General announced the filing of a civil lawsuit in the Clinton County (PA) Court of Common Pleas against an Ohio financial services company and its owner for misleading at least four...more

Maryland Employers May Now Grant a Hiring and Promotion Preference to Veterans

Maryland joins the growing list of states (23 states in the past two years) that have enacted laws giving preference in hiring to honorably discharged veterans. Private employers have been hesitant to favor veterans because...more

Q&A: Robert Metzger – Cybersecurity, DOD and Regulation

In this Q&A, CREATe CEO Pamela Passman asks questions of Robert Metzger about the latest trends and challenges in protecting sensitive Department of Defense information. Metzger recently reviewed and commented on CREATe’s...more

Legislative Update: CTFMLA Expands to Cover Military Qualifying Exigencies

Continuing to recap various employment law bills out of the Connecticut General Assembly, the legislature passed a measure Wednesday night that brings Connecticut’s FMLA law more in line with the federal counterpart. The...more

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From...

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance...more

Contractor Blacklisting for Defense Contractors? The HASC Says “Not So Fast”

At last, we have a little good news for government contractors. By a vote of 34–28 taken late in the evening on April 27, 2016, the House Armed Services Committee (HASC) adopted a measure that would block the application of...more

CFPB seeking comment on new repayment plan disclosures for federal student loan borrowers

The CFPB has issued a Request for Information (RFI) seeking comment on a set of prototype disclosures to assist federal student loan borrowers in selecting between alternative repayment plans.  Comments are due on or before...more

CFPB: The Quarterly Review - April 2016

If the first quarter is any indication, 2016 is going to be a busy year for the CFPB and market participants alike. The CFPB Speaks - Regulation by enforcement - On March 9, during his prepared remarks to...more

A&B Healthcare Week in Review

I. REGULATIONS, NOTICES, & GUIDANCE - On April 21, 2016, CMS issued a proposed rule entitled, “Medicare Program: FY 2017 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements.” This...more

DoD Proposes Cost Allowability Rule for Correcting Counterfeit Electronic Parts

The Department of Defense (“DoD”) recently proposed to make specified costs allowable that are associated with discovering and correcting counterfeit or suspect counterfeit electronic parts. DoD’s proposed rule would amend...more

Veterans Affairs to Permit Acquisition of Non-TAA-Compliant Drugs

In a significant policy reversal, the Department of Veterans Affairs (VA) has announced that it will require all covered drugs under the Veterans Health Care Act (VHCA) to be offered on Federal Supply Schedule (FSS)...more

One-Year Period of SCRA Foreclosure Protection Remains in Effect through 2017

On March 31, 2016, President Obama signed into law the Foreclosure Relief and Extension for Servicemembers Act of 2015, which continues through December 2017 a provision of the Servicemembers Civil Relief Act (SCRA) that...more

SCRA Will Continue to Receive Regulatory Scrutiny

On March 22, 2016, the U.S. House of Representatives passed the Foreclosure Relief and Extension for Servicemembers Act of 2015. This bill was signed into law by President Obama on March 31, 2016. This follows the...more

New Mexico State Employers Cannot Avoid Private USERRA Claims

In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer...more

New UK Open General Export Licences for Components

UK exporters may now use two new Open General Export Licences (OGELs), reducing the administrative burden of exporting a range of military and dual use components, including printed circuit boards....more

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