Crowell & Moring LLP

Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, D.C., New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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Retail & Consumer Products Law Observer

Court Rejects Landlords’ Constitutional Challenges to New York Executive Order Suspending Evictions

By Gregory D. Call, Allyson McKinstry & Robert B. Kornweiss

July 2, 2020

On June 29, 2020, the United States District Court for the Southern District of New York dismissed a challenge by several landlords to quash New York Governor Andrew Cuomo’s Executive Order 202.28 (the “Executive Order”), issued on May 7, 2020. The Executive Order, among other things, imposed a moratorium on commercial and residential evictions during the COVID-19 pandemic. The court found that the eviction restrictions imposed by the Executive Order do not violate landlords’ rights…

International Trade Law

Customs Ruling of the Week – Classification of the EYENIMAL Pet Videocam

By Frances P. Hadfield & Rebecca Toro Condori

July 1, 2020

In ruling N312096 (June 22, 2020) CBP discussed a video camera from China. The EYENIMAL Pet Videocam is a small battery-operated camera that is designed to be attached to a pet’s collar. The subject camera can record videos onto its internal memory. It is waterproof and meant for cats and small dogs. To charge or view the video content the camera is connected to a computer via a USB cable. The camera cannot capture and…

Government Contracts Legal Forum

GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments

By Amy Laderberg O'Sullivan, Liam O'Reilly & Zachary Schroeder

July 1, 2020

In Computer World Services Corporation, GAO sustained a protest challenging the Department of Homeland Security, U.S. Coast Guard’s corrective action taken in response to an earlier sustained protest by CWS. In its original protest, CWS successfully challenged a task order award; in response, the agency informed offerors via e-mail that it intended to remove a limited price realism analysis from its evaluation, and requested that offerors revalidate their price quotes within two days. The…

Government Contracts Legal Forum

Let’s Talk FCA

By Mana Elihu Lombardo & Jacinta Alves

July 1, 2020

In this episode, hosts Mana Lombardo and Jacinta Alves discuss the $175 Billion CARES Act Provider Relief Fund established in response to the COVID-19 Pandemic and FCA risks associated with receipt of those funds. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act. Listen: Crowell.com | PodBean | SoundCloud | Apple Podcasts …

Government Contracts Legal Forum

PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs

By Jacinta Alves, Lorraine M. Campos, Brian Tully McLaughlin, Gail D. Zirkelbach, Lyndsay Gorton & Stephanie Crawford

July 1, 2020

On June 17, 2020, the Pandemic Response Accountability Committee (PRAC) issued its first report, “Top Challenges Facing Federal Agencies: COVID-19 Emergency Relief and Response Effort” (the “Report”). PRAC was established by the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). It consists of the twenty-one offices of inspectors general (OIGs) that oversee the agencies that received the bulk of the emergency funding, and it sits within the Council of Inspectors General on Integrity…

Government Contracts Legal Forum

All Things Protest: Watch Out for Waiver

By Christian Curran, Rob Sneckenberg & Liam O'Reilly

June 30, 2020

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Rob Sneckenberg and Christian Curran are joined by guest Liam O’Reilly to discuss the Federal Circuit’s recent Inserso decision and how it may impact the COFC’s waiver analysis for pre-award solicitation challenges. Listen: Crowell.com | PodBean | SoundCloud |…

Retail & Consumer Products Law Observer

Recalls in Review: Child-Resistant Packaging

By Carolyn Wagner & Colleen Johnson

June 29, 2020

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC. In the past year, the Commission has significantly ramped up its monitoring of products for compliance with special packaging safety standards (16 CFR § 1700), resulting in a jump in recalls for failure to meet those standards. The CPSC has conducted at least 62 recalls for failure to meet the child-resistant packaging requirements since 2011—including 23 recalls in 2020 alone. There…

Retail & Consumer Products Law Observer

FTC’s Proposed Made in USA Rule Would Allow Civil Penalties

By Lauren B. Aronson & Christopher A. Cole

June 26, 2020

On June 22, 2020, the Federal Trade Commission (FTC or “Commission”) issued its staff report on the Made in USA workshop, held in 2019, and its long-awaited proposed Made in USA (MUSA) rule (“Rule”). Under the Rule, advertisers would be prohibited from making unqualified Made in USA claims unless: Final assembly or processing of the product occurs in the United States; All significant processing that goes into the product occurs in the United States;…

Trade Secrets Trends

Misappropriation Claims Brought Over Tax Trade Secrets

By Helen Osun & Julia Milewski

June 25, 2020

A recent case is a helpful reminder to companies with valuable intellectual property to be diligent in protecting trade secrets and monitoring compliance by employees with access to this confidential information. On June 15, 2020, Ryan, LLC (“Ryan”) filed a lawsuit in Texas state court against S.K. Thakkar (“Thakkar”), who was employed by a company acquired by Ryan, and Ernst & Young, LLP (“Ernst & Young”), his new employer, seeking a temporary restraining order and…

Retail & Consumer Products Law Observer

In the Wake of COVID-19: Protective Actions the Retail Tenant Should Take When Faced with a Landlord’s Bankruptcy

By Monique Almy, Gregory D. Call, Thomas Koegel & Randall Hagen

June 24, 2020

Retail tenants are experiencing unprecedented difficulties stemming from the COVID-19 pandemic, including government shutdown orders for non-essential businesses and shelter-in-place rules that have virtually stopped all in-person shopping. Even as these restrictions are finally being relaxed to a limited degree, the dramatic effects of the pandemic will long be felt in the retail industry. This alert addresses just one of the consequences in the wake of COVID-19: the expected rise in bankruptcy filings by commercial…

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Crowell & Moring LLP Blogs

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Court Rejects Landlords’ Constitutional Challenges to New York Executive Order Suspending Evictions

Customs Ruling of the Week – Classification of the EYENIMAL Pet Videocam

GAO Clarifies Timeliness of Preaward Protests Challenging Solicitation Amendments

Let’s Talk FCA

PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs

All Things Protest: Watch Out for Waiver

Recalls in Review: Child-Resistant Packaging

FTC’s Proposed Made in USA Rule Would Allow Civil Penalties

Misappropriation Claims Brought Over Tax Trade Secrets

In the Wake of COVID-19: Protective Actions the Retail Tenant Should Take When Faced with a Landlord’s Bankruptcy

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