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Don’t Tell the Government “It Wasn’t Me”: ASBCA Holds Contract Void Ab Initio for Fraud

In the Appeal of Vertex Construction & Engineering, ASBCA No. 58988, decided last month, the Armed Services Board of Contract Appeals (“ASBCA”) exercised a “harsh” remedy in declaring Appellant’s contract void ab initio...more

Court Ruling Confirms that SDVOSB Contractors Possess Procedural Due Process Rights Against Adverse Eligibility Determinations

The U.S. Department of Veteran Affair's ("VA") Center for Veterans Enterprise (“CVE”) has a tough and sometimes thankless job. Its role is to serve as a “gatekeeper” for VA contracting programs for service-disabled,...more

SEC Brings Its Sixth Insider Trading Action As An Administrative Proceeding Since September

The SEC is clearly bringing more cases as administrative proceedings. To be sure, many of its “broken windows” actions are brought in that forum. At the same time, it is brining other cases which are traditionally brought as...more

Infobytes Special Alert: VA Adopts Its QM Rule

On May 9, 2014, the Department of Veterans Affairs (the “VA”) issued an interim final rule defining what constitutes a “qualified mortgage” (“QM”) for purposes of the loans it guarantees, insures, or originates. The VA stated...more

War Tribunals Explained Along With Their "Strengths & Weaknesses"

This booklet explores the connotations of war tribunals and their role in dealing with apocalyptic events that unfortunately are visited upon mankind from time to time. Nuremberg, Rwanda and Yugoslavia are cases studied as...more

Tribunals Explained Along With Their "Strengths & Weaknesses"

A detailed analysis of tribunals as a forum for dispute resolution. This involves a comparative case study of tribunals operating in different jurisdictions with particular regard to their merits and limitations. The study...more

President Signs Bill Enhancing Enforcement Of The Military Lending Act

On January 2, President Obama signed H.R. 4310, the National Defense Authorization Act (NDAA) for Fiscal Year 2013, which includes provisions that enhance federal enforcement of the Military Lending Act (MLA). The MLA (i)...more

Servicemembers Civil Relief Act: Giving Second Life To Cases Otherwise Barred By The Statute of Limitations

How an obscure section of the Servicemembers Civil Relief Act can save a case when the statute of limitations has run...more

Leadership in the Compliance Function – Do You Encourage or Stifle?

There are many ways for a Chief Compliance Officer (CCO) to exercise leadership in not only the compliance function but also across the many disciplines in which compliance impacts in any corporation. In this Sunday’s New...more

Consolidated DoD Central Adjudicative Facility Creates Change

A new, consolidated DoD Central Adjudicative Facility (CAF) has been established to improve the efficiency of adjudicating personnel security clearances (PCLs) at a time when there is a substantial increase in the number of...more

Congress passes bill giving CFPB authority to enforce Military Lending Act and creating civil liability for violations

The 2013 Defense Authorization Bill (H.R. 4310), currently awaiting signature by President Obama, makes several changes to the Military Lending Act. Last week, both the House and Senate agreed to the conference report....more

Legal Index: Citizenship Under The United States Constitution

This legal index is a guide to citizenship under the United States Constitution since the adoption of the Fourteenth Amendment. Each entry, being a legal topic, is supplemented with legal authority, which is quoted, cited,...more

CFPB Fair Lending Updates – Expectations for Enforcement and Regulation in 2013

Signaling that 2013 will be another eventful year in the fair lending world, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued two items this month that reveal an ambitious agenda for fair lending...more

Layoff Upon Return From Military Leave May Qualify as a “Reemployment Position” Under the USERRA

According to the Eighth Circuit Court of Appeals, the Uniformed Services Employment and Reemployment Rights Act (USERRA) requirement that a returning service member be reemployed in the position that he or she would have...more

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and...

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act...more

OCC Issues Bulletin Regarding Extended SCRA Protections

On November 19, the OCC issued Bulletin 2012-37, which advises all national banks and federal savings associations of the extension of certain servicemember protections afforded by the Servicemembers Civil Relief Act (SCRA)....more

See for yourself, Two citizens in the country of the United States

In this article, it is shown that there is in the country of the United States two citizens; a citizen of the United States and a citizen of a State who is not a citizen of the United States using the waters that surround...more

See for yourself, A citizen of a State under Article IV, Section 2, Clause 1 of the Constitution

The case of Dred Scoot v. Sanford (60 U.S. 393, 1856) was meant to be a federal question case. However, it became a diversity of citizenship case when Dred Scott's citizenship was challenged. The Supreme Court...more

National Mortgage Settlement Monitor Seeks Servicemember Complaints

On November 12, National Mortgage Settlement Monitor Joseph Smith, Jr. launched a military-specific outreach program to encourage servicemembers to report mortgage servicing complaints using an online form. The Monitor...more

Aid and Attendance Benefit: A Useful Benefit to Veterans in Nursing Homes

Veterans, their spouses and their parents who are admitted to long term care facilities may be eligible for a long-standing program called the Aid and Attendance Pension benefit (the “Aid and Attendance Benefit”). The Aid and...more

Pattern Designs on US Navy Uniforms and Fabric Are Non-Functional Protected Trademarks

A recent TTAB case addresses the issue of functionality and protection of design. In the case In re Navy Exchange Service Command, (“NEXCOM”), the TTAB issued a non-precedential decision on September 29, 2012 in which it...more

Government Contractor Indictments Provide Reminder of Importance of Strong Workplace Policies, Training and Enforcement

A series of indictments, the most recent in August, remind government contractors of the increased scrutiny on the industry and the very real risk of employee fraud and abuse. Government contractors are encouraged to heed the...more

VETS-100/VETS-100A Report Filing Deadline Extended

Executive Summary: The Department of Labor's Veteran's Employment and Training Services (VETS) has announced that it is extending the deadline for the submission of VETS-100/VETS-100A reports from September 30 to October 31,...more

Federal Regulators Host Webinar on SCRA Compliance

On September 10, federal banking regulators, the CFPB, and the FHFA conducted a webinar on federal servicemember financial protections, recent changes to the Servicemembers’ Civil Relief Act (SCRA), and recent changes to...more

SuperVision Today - 3rd Quarter 2012

In This Issue: - Notes from the Chair & Executive Editor - The Pessimist's Guide to Employment Litigation - USERRA: Employer Responsibilities to those Returning from Active Military Service - Expanding Waistlines,...more

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