Government Contracts

COVID IP Waiver Doesn't Resolve Vaccine Production Barriers

Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration's backing a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler.

Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

Bracing For The Next Wave Of Health Care Enforcement

Health companies should take proactive steps against a coming wave of federal enforcement, in light of massive new health funding, agencies' desire to protect COVID-19 relief funds, increased use of data analytics and a likely rise in qui tam suits, say attorneys at Foley & Lardner.

Opinion

Federal Minimum Wage Should Be Indexed For Local Markets

The Biden administration should implement an indexed minimum wage based on the average wages in each local labor market instead of mandating a $15 federal minimum wage in all metro areas, which could grossly distort service sector compensation and discourage bidding on federal contracts, says Stephen Bronars at Edgeworth Economics.

Font Considerations To Give Your Legal Briefs An Edge

Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

How Biden's First 100 Days Will Affect Gov't Contractors

Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

Make Profitability Management Part Of Your Law Firm Culture

As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

How $15 Minimum Wage Order May Affect Gov't Contractors

Attorneys at Arnold & Porter examine the potential impacts of President Joe Biden’s minimum wage increase for federal government contractors and discuss whether contractors will be able to recover additional labor costs associated with the increase.

Bid Protest Spotlight: Scope, Evaluation Criterion, Privity

In this month's bid protest roundup, Sandeep Nandivada and Markus Speidel at MoFo look at April U.S. Government Accountability Office and U.S. Court of Federal Claims decisions concerning proposed labor categories outside the scope of vendor schedule contracts, use of unstated evaluation criterion, and whether co-prime contractor privity supports standing to protest.

4 Trends In Discoverability Of Litigation Funding Documents

Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

7 Lessons For Young Lawyers Starting Their Careers

This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

Key OFCCP Compliance Considerations Under Biden Admin.

With the Office of Federal Contract Compliance Programs expected to fulfill several affirmative action initiatives under the Biden administration, federal contractors should prepare for a new verification interface, review demographic statistics and conduct annual pay equity evaluations, say Joanna Colosimo and David Cohen at DCI Consulting.

The Pandemic's Bright Spots For Lawyers Who Are Parents

The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

Opinion

Revise Mansfield Diversity Mandates To Also Benefit Veterans

The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

Opinion

OFAC Should Issue SDN Payment Licenses that Don't Expire

To mitigate unintended financial harm to U.S. companies that have lawful preexisting contracts with newly named specially designated nationals, the Office of Foreign Assets Control should permanently authorize wind-down payments from sanctioned parties, says Alexandre Lamy at Baker McKenzie.