Contractor's CDA Standing Was a Triable Issue

The Armed Services Board of Contract Appeals denied the government’s motion to dismiss an appeal for lack of subject matter jurisdiction because there were triable issues of fact as to whether the contractor accepted the transfer of its contract without recourse against the government. The contractor appealed the deemed denial of its claim to recover […]

DoD Final Rule Makes Technical Changes

A final rule issued by the Department of Defense amends the Defense Federal Acquisition Regulation Supplement by making references to supplementary information and procedures pertaining to specific categories of acquisitions. The rule adds references at new DFARS 216.401 to additional information and mandatory procedures to follow when planning to award an award fee contract. The […]

FAC 2005-47 Issued with Seven Rules

The Civilian Agency Acquisition and Defense Acquisition Regulations Councils have published Federal Acquisition Circular 2005-47, which contains four interim and three final rules amending the Federal Acquisition Regulation. In order of appearance, the rules address the following subjects: Item I, Notification of Employee Rights Under the National Labor Relations Act (FAR Case 2010-006, Interim); Item […]

"Unnecessary" Corrective Action Permanently Enjoined

The government’s proposed corrective action was permanently enjoined by the Court of Federal Claims because the corrective action lacked a rational basis and permanent injunctive relief was appropriate. The government awarded the protester a contract for the construction of an aircraft hangar based on the initial proposals and without discussions. When a protest of the […]

Ernst & Young Sued for Massive Accounting Fraud

By Sarah Borchersen-Keto, CCH Washington News Bureau, Contributing Author, the CCH Federal Banking Law Reporter, Dec. 21, 2010. Global accounting firm Ernst & Young LLP helped Lehman Brothers Holding, Inc., conceal its true liquidity position from the public by approving the temporary removal of tens of billions of dollars of fixed income securities from Lehman’s […]

Law to Improve Copyright Office Functions Signed

The “Copyright Cleanup, Clarification, and Corrections Act of 2010″ (S. 3689) was signed by the President on December 9, 2010, and became Public Law 111-295. The purpose of the law is to clarify, improve, and correct the laws relating to copyrights. It amends copyright law to promote the use of electronic information by the Copyright […]

Seventh Circuit Describes Test for Attorney's Fee Awards

A manufacturer of infrared light therapy devices was entitled to an award of its attorney’s fees incurred in successfully defending against a Lanham Act false advertising claim brought by a provider of home health care services, the U.S. Court of Appeals in Chicago has decided. The case was “exceptional” for purposes of the fee-shifting provision […]

Nonprofit Abandoned Marks via "Naked License" to Member

An umbrella nonprofit corporation devoted to facilitating the recycling of goods (“The Freecycle Network,” or “TFN”) engaged in “naked licensing” of its trademarks by failing to establish and maintain adequate quality control standards over its licensees’ services and use of the trademarks, according to the U.S. Court of Appeals in San Francisco. TFN was deemed […]

Fed Proposes Sharp Cuts in Debit Card Transaction Fees

By Sarah Borchersen-Keto, CCH Washington News Bureau, Contributing Author, the CCH Federal Banking Law Reporter, Dec. 16, 2010. The Federal Reserve Board released proposed standards for determining debit card interchange fees that, if adopted, would result in fees falling to over 70 percent below their 2009 average. The newly-revised fees are scheduled to take effect […]

Ohio AG to Head CFPB Enforcement Team

By Sarah Borchersen-Keto, CCH Washington News Bureau, Contributing Author, the CCH Federal Banking Law Reporter, Dec. 15, 2010. Ohio Attorney General Richard Cordray will head the enforcement team at the new Consumer Financial Protection Bureau (CFPB), the Treasury Department announced. Cordray, a Democrat, was defeated in his re-election bid last month. “Richard Cordray has the […]