Does a Contracting Officer’s Mistake About the Reasons for a Termination Constitute Bad Faith or an Abuse of Discretion?

Does a Contracting Officer’s Mistake About the Reasons for a Termination Constitute Bad Faith or an Abuse of Discretion? When a government contractor is terminated for reasons other than default, the response from the contractor is often to evaluate the contracting officer’s decision and rationale for the termination and determine if an appeal is warranted.  Government contractors sometimes appeal a contracting officer’s decision to terminate their contract by alleging bad faith and an abuse of discretion.  View Full Post
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What if? Ohio Board Issues Succession-planning Guide for Lawyers

By | The Law for Lawyers Today | April 20, 2017
What if?  Ohio Board Issues Succession-planning Guide for Lawyers What if you suddenly became disabled and couldn’t handle your law practice?  Or, if you were to die, who would deal with your pending matters?  Who has the password for your computer?  Who knows where you bank? The Ohio Board of Professional Conduct last week published an ethics guide titled “Succession Planning” that addresses these issues, and it’s worthwhile reading if you practice on your own or in a small firm, in any jurisdiction. View Full Post
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PwC Annual Study Reports Record Number of Securities Suits

By | The D&O Diary | April 20, 2017
PwC Annual Study Reports Record Number of Securities Suits Largely driven by a “dramatic” increase in the number of federal court merger objection lawsuits, securities class action litigation filings rose to the highest level ever in 2016, according to PwC’s most recent annual securities litigation report. The report also noted that for the first time securities litigation rose though the stock market performance during the year did not, contrary to prior patterns. View Full Post
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What Can We Infer When Justice Burke Asks the First Question in a Criminal Case?

What Can We Infer When Justice Burke Asks the First Question in a Criminal Case? Yesterday, we reviewed the data on Justice Burke’s question patterns in criminal cases. Today, we ask a related question: if Justice Burke asks the first question, can we infer that she is likely writing an opinion? Writing the majority opinion has some impact on the likelihood that Justice Burke will ask the first question. View Full Post
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Banks’ Boards of Directors Face New Cybersecurity Challenges

Banks’ Boards of Directors Face New Cybersecurity Challenges Banks’ boards of directors must, among other things, understand the risks associated with existing and planned IT operations, monitor risk management, and work with senior bank managers on strategic technology planning. See the Federal Financial Institutions Examination Council (FFIEC) IT Examination Handbook InfoBase. View Full Post
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Supreme Court Says ‘Give Me a ©’ to the Fashion Industry

Supreme Court Says ‘Give Me a ©’ to the Fashion Industry A recent U.S. Supreme Court copyright decision analyzing cheerleader uniforms may have a profound impact on retailers, and on the fashion industry in particular. On March 22, 2017, the Supreme Court held in Star Athletica, L.L.C. v. Varsity Brands, Inc. that original design elements that are separable from the “useful article” upon which they are affixed may be eligible for copyright protection if independently copyrightable. View Full Post
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