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Expert Analysis


New DOD Proposal Should Improve Vendor Selection

The overuse of the "lowest price technically acceptable" source selection process has been widely criticized for obligating the government to select the lowest-priced vendor even when a better solution exists. The U.S. Department of Defense has proposed new rules that should severely narrow the permissible use of the LPTA process, say attorneys at Holland & Knight LLP.


Excerpt from Lexis Practice Advisor

Recent Trends In Intercreditor Agreements

In the current commercial real estate market, mortgage lenders' cautious approach should continue to provide mezzanine lenders with ample opportunities. By maintaining an important role in transactions, mezzanine lenders can gain more leverage when negotiating intercreditor agreements, say attorneys at Schulte Roth & Zabel LLP.


Few Taxpayers Should Use New Offshore Disclosure Protocol

Last month, the IRS updated its voluntary disclosure practices. For taxpayers without criminal exposure, the updated protocol can provide the optimal route for an offshore disclosure, but more palatable options likely exist for the significant majority of noncompliant taxpayers, says Patrick McCormick of Drucker & Scaccetti.


To Manage China Tariffs, Triage Supply Chains

With no end in sight for Section 301 tariffs on goods imported from China, importers may want to examine supply chains for savings. Useful strategies include reviewing purchase order terms, shifting component production and using first sale to save on duties, says Laura Siegel Rabinowitz of Kelley Drye & Warren LLP.


10 Tips For Law Firms To Drive Revenue Via Sports Tickets

Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.


Whistleblowers May Spur More Gov't Contract Antitrust Cases

The U.S. Department of Justice's $236 million settlement last month with three South Korean companies was the largest ever for anti-competitive conduct against the U.S. government. A whistleblower’s role as the catalyst for that bid-rigging investigation may be a sign of things to come, say David Caputo and Zachary Arbitman of Youman & Caputo LLC.


Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.


TC Heartland's Impact In 2018

The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.


Revising FDA 510(k) Poses Challenges For Device Makers

The U.S. Food and Drug Administration wants to "modernize" the approval process for medical devices based on older products by encouraging developers to use more modern devices as predicates. This does not mean older devices are unsafe, but the negative implication seems undeniable, say Patricia Kaufman and Joel Schwartz of Stinson Leonard Street LLP.


Employee Arbitration Agreements In NJ Face New Hurdles

New Jersey state courts have been less favorable to employers than federal courts when it comes to enforcing arbitration agreements. The latest example is the Appellate Division’s precedential decision in Flanzman v. Jenny Craig, says Benjamin Teris of Post & Schell PC.


Illinois Tax Talk: Parking Lot And Garage Operations Tax

Historically, the parking lot tax was one of a handful of taxes that were not actively audited. However, in the past few years in Cook County, Illinois, there has been a significant uptick in audits and challenges to taxpayer positions on the tax, says David Machemer of Horwood Marcus & Berk Chtd.


Which Class Action Question Will Justices Decide?

In Frank v. Gaos, the U.S. Supreme Court may never address the issue of cy pres awards if it instead rules that none of the named plaintiffs had standing to bring the class action in the first place, says Steve Carey of Parker Poe Adams & Bernstein LLP​​​​​​​.


Reading Tea Leaves: The Oral Argument In Dawson V. Steager

Comments during oral argument in Dawson v. Steager suggest the U.S. Supreme Court will strike as discriminatory a West Virginia statute that taxes pensions of federal retirees. The question is how broadly the justices will apply the doctrine of intergovernmental tax immunity, says Cardozo School of Law professor Edward Zelinsky.


Modernizing The Variable Contract Disclosure Regime

A new proposal by the U.S. Securities and Exchange Commission represents a major step forward in updating the disclosure and delivery requirements imposed on the variable insurance products industry. Embracing the new regime, however, will take some work and is not without certain challenges, say attorneys with Eversheds Sutherland.


Texas Employers Take Notice: Proposed Bills For 2019

Many of the bills submitted at the end of the Texas Legislature's last session for consideration next year affect the workplace and carry the potential to significantly alter the landscape for employers and their employees, says Felix Digilov of Fisher Phillips.


Fed. Circ. Provides Clarity On Patent Term Questions

Two recent decisions from the Federal Circuit — Novartis AG v. Ezra Ventures and Novartis Pharmaceuticals v. Breckenridge Pharmaceutical — clarify the law of "obviousness-type double patenting" and give certainty to biopharmaceutical patent owners, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.


Prudential Framework For Large Banks Is Set To Change

The Federal Reserve Board recently issued two proposals that represent a significant change in the prudential regulation of large banking organizations. Attorneys with Debevoise & Plimpton LLP examine the notable aspects of the new framework.


A New, Focused Regulatory Agenda For The SEC

The U.S. Securities and Exchange Commission's regulatory agenda for the coming year — announced last week — is not excessively long, which means Chairman Jay Clayton takes it seriously and intends to act on it, says Richard Marshall of Katten Muchin Rosenman LLP.


A Review Of US Economic Sanctions In 2018

In 2018, the U.S. government strengthened sanctions targeting Iran, Russia and Venezuela, sanctioned an agency of the Chinese government and completed the second largest sanctions-related enforcement action on record. And the evidence suggests 2019 will be equally tumultuous, say attorneys with Ropes & Gray LLP.


Tax Reform Keeps Switzerland A Top Corporate Locale

In this overview of the latest iteration of Swiss tax reform, Danielle Wenger and Manuel Vogler of Prager Dreifuss AG discuss key measures of the new reform and assess the impact for corporations.




Special Series


Judging A Book

Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.




Trade Wars

This special series examines the legal, strategic and economic dimensions of the Trump administration's trade agenda, and assesses what the recent shifts in U.S. trade policy may mean for the country and for the established system of international commerce.

Navigating NLRB

Employers today face a host of modern labor law issues amid a continually changing political and legal landscape. In this Expert Analysis series, former National Labor Relations Board members provide insights on recent issues before and within the board.



Q&A


BigLaw Alums Q&A: Mark Migdal's Lara O'Donnell Grillo

BigLaw firms tended to be inflexible, with methods that were inconsistent with how I wanted to practice law. There were many time-wasting aspects of the practice, says Lara O’Donnell Grillo of Mark Migdal & Hayden.



Op-Eds


Ohio's Risky Foray Into Bitcoin: Part 1

Last month, cryptocurrency hit yet another milestone when Ohio began accepting bitcoin payments for taxes. However, Ohio’s treasury, or any other state or federal government entity, should be the very last institutions to even consider accepting this dubious form of payment, says John Reed Stark of John Reed Stark Consulting LLC.

Amrock Appeal Of Trade Secret Verdict Is No Surprise

Last month, Amrock appealed a curious verdict that awarded contract breach defendant HouseCanary $706 million on a trade secret counterclaim. There are several factors that should cause one to raise an eyebrow over this initial outcome, says Thomas Hodge of Brock and Scott PLLC.