Our Blog

A New Standard for an Old Right

New York State Rifle & Pistol Association Inc. v. Bruen: In a 6-3 opinion penned by Justice Clarence Thomas in New York State Rifle & Pistol Association Inc. v. Bruen, the Supreme Court on Thursday (6/23) struck down New York’s proper-cause requirement for obtaining an unrestricted license to carry a concealed firearm as violating...
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Naked or “Clothed”? The Importance of Foreign Government Intent in Applying 28 U.S. Code § 1782 (a)

ZF Automotive US, Inc. v. Luxshare, LTD. The United States Code authorizes a federal district court to compel individuals and companies within its jurisdiction to provide discovery to proceedings pending in “foreign and international tribunals.” 28 U.S.C. § 1782 (a).  But does that apply to private commercial arbitration and bilateral investment treaty arbitrations?  On...
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Managing Inflation in Government Contracts

With inflation surging to the highest level in over 40 years, there is heightened focus on how to equitably balance risk between the government and the contractor.  This is particularly a concern when it comes to fixed-price contracts, where contractors generally bear the risk of cost increases, including inflation. Unless the contract states otherwise,...
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Major Expansion at Ward & Berry

NEWS RELEASE Ward & Berry PLLC Major Expansion at Ward & Berry Ward & Berry announced that David Panzer, chair of the Government Contracts practice from Whiteford, Taylor & Preston, has joined the firm’s Tysons Corner office as a Partner.  Along with David, Ward & Berry welcomes the other members of David’s team: Michael...
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The DoD’s Equity Action Plan Includes Strategy to Advance Small Businesses Opportunities in the Federal Acquisition Process

The Department of Defense (“DoD”) released its “Equity Action Plan” (the “Equity Plan”) which was developed to ensure the creation of “opportunities for all Americans.” This Equity Plan was developed in response to President Biden’s January 2021 Executive Order 13985 – “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The...
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Do Amendments to a Solicitation Require a Re-Certification of Size Status?

As most government contractors know, government customers frequently amend solicitations—often multiple times and sometimes after proposals have already been submitted.  These multiple amendments can extend the solicitation period by months or even years. So what happens when the solicitation is a small business set-aside and the offeror could certify as small at the time...
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