Proposal Delayed by “Mail Storm” Was Timely

Rejection of a protester’s revised e-mailed proposal as late was improper, according to the Court of Federal Claims, because the proposal reached the designated government office by the time specified in the solicitation. An amendment for the second phase of a solicitation for barracks design and construction requested proposal revisions by 12:00 p.m. on the […]

Final Rule Amends GSAR Leasing Provisions

A final rule issued by the General Services Administration amends the GSA Acquisition Regulation to revise GSAR Part 570, Acquiring Leasehold Interests in Real Property, and related solicitation provisions and contract clauses. The GSAR Case 2006-G508 final rule updates regulatory provisions that apply to lease transactions and provides sustainability guidance on implementing Executive Order 13514, […]

New Payroll Widget from Wolters Kluwer Law & Business Delivers Instant Access to Latest Payroll Developments

(RIVERWOODS, ILL., June 6, 2011) – Now, it’s easier than ever for professionals to stay up to date and in the know on the latest changes affecting the payroll industry with the new CCH/Aspen Publishers Payroll Widget from Wolters Kluwer Law & Business. Wolters Kluwer Law & Business is a leading provider of information and software […]

FOIA Requests May Preclude False Claims Act Suits

In a 5-3 decision, the Supreme Court reversed and remanded a decision of the Court of Appeals for the Second Circuit asserting jurisdiction over a False Claims Act qui tam action, because a written agency response to a Freedom of Information Act request is a “report” within the meaning of the FCA’s bar against qui […]

National Market for Air Travel Inappropriate for Analyzing Merger

by Jeffrey May, CCH Trade Regulation Reports A private suit for a preliminary injunction blocking the merger of United Airlines and Continental Airlines was properly dismissed, the U.S. Court of Appeals in San Francisco has ruled in a not-for-publication decision. The plaintiffs –airline travelers and travel agents –failed to define a valid relevant market for […]

DoD Issues Interim Rule on Contractor Business Systems

An interim rule issued by the Department of Defense revises the Defense Federal Acquisition Regulation Supplement to improve the effectiveness of DoD oversight of contractor business systems. The interim rule follows two proposed rules (¶70,020.283 and ¶70,020.260) and the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (PL 111-383). Section […]

PepsiCo Enjoined from Using POLAR SHOCK Mark on Slushes

by Thomas Long, Legal Editor, CCH Trademark Law Guide A soft drink bottler (Polar Corp.) that sold bottled water, soda, and other soft drinks under the brand POLAR was entitled to a preliminary injunction barring competitor PepsiCo from using a family of marks based on the phrase POLAR SHOCK in connection with a line of […]

Use of TV Show Title on Merchandise Could Confuse

Use of TV Show Title on Merchandise Could Confuse by Thomas Long, Legal Editor, CCH Trademark Law Guide The owner of a Michigan-based retail business specializing in products for home cooks sold under the registered mark “Bitchen Kitchen” was entitled to a preliminary injunction barring the Canada-based producers of a television show called “Bitchin’ Kitchen” […]

“Piece of the Action” Element Bars Preemption of Claim

by Janette Spencer-Davis, Legal Editor, CCH Copyright Law Reports A screenwriter’s state law breach of implied contract claim, alleging that a television producer and television network used his concept for a television series without compensating him, was not preempted by the Copyright Act, the U.S. Court of Appeals in San Francisco held. The understanding that […]

Final Rule Updates ASBCA Rules

A final rule issued by the Department of Defense revises the Rules of the Armed Services Board of Contract Appeals to implement statutory increases in the thresholds for submitting and processing contract appeals and to update statutory references and other administrative information. The final rule amends Appendix A, Part 2 of the Defense Federal Acquisition […]