Is My Restrictive Covenant Legal Under California Law?
Equitable Adjustment Appropriate Where Agency Assumed Contractor’s Duty to Identify SCA Positions
A recent decision in Sotera Defense Solutions, Inc. v. Department of Agriculture, CBCA 6029, 6030, by the United States Civilian Board of Contract Appeals (CBCA), upheld a contract provision that imposed greater obligations on the government than required by the Service Contract Act (SCA). The validity of this contract provision ultimately proved dispositive in the outcome of the case with the CBCA holding the government liable for costs.
In 2012, the National Institutes of Health…
Mississippi Gaming Commission Posts Meeting Minutes for September 2019
The minutes for the Mississippi Gaming Commission’s meeting held on September 19, 2019, can be reviewed by clicking here.…
Trends and Changes in Federal Contracting for Fiscal Year 2020
I am excited to be presenting a training seminar titled, “Trends and Changes in Federal Contracting FY 20” for the Florida Procurement Technical Assistance Center (Florida PTAC).
The interactive seminar will provide insight into the world of federal government contracting for Fiscal Year 2020 and new initiatives that will impact federal businesses in the next 12 months.…
NIST Announces Plan for Federal Engagement in Artificial Intelligence
On August 9, 2019, the National Institute of Standards and Technology (NIST) released “U.S. Leadership in AI: A Plan for Federal Engagement in Developing Technical Standards and Related Tools” (the Plan) in response to Executive Order 13859 (EO), as reported on here. In accordance with the EO, the Plan outlines the following priorities for federal engagement: (1) ensure technical standards minimize vulnerability to attacks from malicious actors; (2) reflect federal priorities for…
Eminent Domain: Is it Possible to Recover Attorneys’ Fees if you Settle?
In California, we have an admittedly odd way of determining whether the property or business owner in an eminent domain case is entitled to recover attorneys’ fees. (Note that I’m specifically talking about an owner’s ability to recover; California law does not provide for a condemning agency’s ability to recover fees). It’s actually fairly simple: just before trial, the owner and the agency exchange a Final Demand and a Final Offer. (See Code of Civil Procedure …
Unpublished Decision Looks at Valuation Methodologies
In Freeport Reg’l Water Auth. v. M&H Realty Partners VI, L.P., 2019 Cal. App. Unpub. LEXIS 6126 (Sept. 16, 2019), the court walked through a complicated fact pattern involving – in its simplest form – a 40-foot easement for an underground water pipeline. For our purposes, the key issues were valuing (1) the easement being acquired, (2) the severance damages caused to the remainder parcel, and (3) a temporary construction easement for the pipeline’s installation. …
Starting a Nonprofit Social Enterprise
California Poised to Adopt Campaign Contribution Limits for City and County Elections
The California legislature passed a new law this week that, if signed by the Governor, would impose campaign contribution limits on city and county elections in the state. Under current law, cities and counties may adopt their own contribution limits, but most have not. According to the legislature, this has led to a situation where some local candidates raise 40% or more of their funds from a single contributor.
The new law sets the default…
Broken Bones Not Always Found Initially
