News & Analysis as of

Professional Services Contract

Bilzin Sumberg

Miami-Dade’s New Locally Headquartered Business Preference for A&E Contracts

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On May 7, 2024, significant changes were made to the procurement landscape for Architectural and Engineering (A&E) firms in Miami-Dade County. The Miami-Dade Board of County Commissioners approved Ordinance No. 24-47, which...more

Latham & Watkins LLP

Sanctions Update: EU Tightens Restrictions on Professional Services and Business-Critical Software for Russia

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The EU’s 12th and 13th “packages” of sanctions on Russia cancel a significant exemption, ban the provision of certain software systems, and impose multiple other measures. This Client Alert is published in the context of...more

Roetzel & Andress

Understanding Scope of Practice

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In this episode of the #HealthLawHotSpot, host Ericka Adler and fellow Roetzel attorney Christina Kuta discuss limitations on non-physician practitioners in terms of the services they can provide and the role of physicians in...more

Venable LLP

New FAR Pay Equity Rule Puts Contractors Between a Rock and a Hard Place: How Can Federal Contractors Ensure Proposed Labor Rates...

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On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more

Wiley Rein LLP

Broker-Dealer Professional Liability Policy Not Implicated Where Registered Representative Was “Selling Away”

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a registered representative was not performing Professional Services so as to implicate coverage under a securities...more

Venable LLP

Technology Contracts: An Overview - May 2023 #2

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The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or...more

Venable LLP

Technology Contracts: An Overview

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The use, distribution, and licensing of software and technology are commonly governed by legal terms both to protect the software or technology owner intellectual property (IP) rights and to allow another permission to use or...more

Bradley Arant Boult Cummings LLP

The 6 Most Important Bid Protest Decisions Of 2022

In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. - ASRC Federal Data Solutions LLC - ESimplicity Inc. v. U.S. -...more

McDermott Will & Emery

Recent Litigation Shines Spotlight on Hospital and Physician Group Transactions

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The US Department of Justice recently intervened in an qui tam alleging false and fraudulent claims involving the acquisition of physician practice locations by a health system and subsequent management of the health system’s...more

Wiley Rein LLP

Illinois Court Holds Fee Dispute Does Not Involve Professional Services

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An Illinois appellate court has held that an underlying action involving a fee dispute was not a claim involving professional services and was not covered under a professional liability policy.  RLI Ins. Co. v. Acclaim Res....more

Hinshaw & Culbertson - Employment Law...

Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection

When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more

Stinson - Government Contracting Matters

GAO Reminds Offerors that It’s Important to Substantiate Key Personnel’s Experience

Putting your best foot, or best personnel, forward seems like “Winning the Contract Award 101.” But a refresher course never hurts. Recently, the Government Accountability Office (GAO) decision in Deloitte Consulting, LLC...more

ArentFox Schiff

Happy New Year, PAs and Supervising Physicians! Amendments to the California Physician Assistant Practice Act Simplify Supervision...

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Prior to these changes, physicians and PAs had to enter into “delegation of services agreements,” specifically delegating the medical services a PA could perform. If multiple physicians were supervising the PA – such as in a...more

Farella Braun + Martel LLP

California’s AB5 Codifies Stricter Rules for Independent Contractors – What Wine Industry Employers Need to Know

California Governor Gavin Newsom has signed into law AB5, codifying a new test for distinguishing employees from independent contractors. While AB5 does not go into effect until January 1, 2020, it will apply retroactively...more

Ervin Cohen & Jessup LLP

AB 5: When Legislators and Lobbyists Collide

What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions...more

Pillsbury Winthrop Shaw Pittman LLP

FAR’s Professional Compensation Clause and Keeping Things Real

Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts. An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more

Lewitt Hackman

FRANCHISOR 101: Liability as Certain as Death & Taxes

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Structuring a franchise to reduce risk of joint employment and vicarious liability means limiting a franchisor's control over franchisees. This is a challenge in a professional services franchise, where the brand is...more

LawVision

[Event] Legal Pricing Masterclass Certification - March 12th & 13th, New York, NY

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Please join Colin Jasper and Stuart Dodds of Positive Pricing to learn how to get greater value from your clients by improving your pricing strategy, positioning and conversations. Colin is a world leading consultant on this...more

Orrick, Herrington & Sutcliffe LLP

IRS Revenue Procedure 2017–13 Safe Harbor Requirements for Services Contracts

IRS Revenue Procedure 2017-13 (the "Revenue Procedure") sets forth, and significantly liberalizes, the requirements for determining whether a contract (a "Services Contract") with a service provider or manager (a "Service...more

FordHarrison

Eighth Circuit Finds Non-Competition Agreements Assignable to Successor Employer in Asset Purchase Without Employees' Consent

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The United States Court of Appeals for the Eighth Circuit recently held that a successor employer, who was assigned non-competition agreements as part of an asset purchase, could seek to enforce the non-competition agreements...more

Cranfill Sumner LLP

Limitation of Liability Clauses

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Many industry form documents and custom construction contracts contain provisions shifting or limiting the respective parties’ risks. One of the more potentially significant risk-limiting provisions seen primarily in...more

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