On May 23, 2024, the United States Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, serving a reminder to companies with mandatory consumer-facing arbitration provisions that contractual consistency is a key to...more
Contractor and subcontractor negotiations often lead to contract terms and language being incorporated into the subcontract agreement, which then leads to surprising results when issues arise. These results often occur when...more
On June 4, two separate lawsuits were filed by states against the Department of Education (the Department) alleging that the Department violated the Administrative Procedure Act (APA) in promulgating the final rules...more
Sometimes I write articles, but sometimes the articles write themselves. This is an example of the latter. A few weeks ago, a car dealer client called and asked whether she had a legal problem if she was using more than...more
The Berry Amendment Example - Hopeful government contractors must be aware of all the requirements of a solicitation to avoid being deemed non-responsive. This is rarely a simple task; however, when multiple clauses...more