Non-Compete Agreements – To Ban or not to ban? That is the Question.
Recent Trends in Non-Compete Agreements Are non-compete agreements (colloquially referred to as “non-competes”) on their way out? Over the past year, more states are either prohibiting the enforce ability of non-competes or greatly restricting their use, hinting at a growing trend away from non-competes. The Federal Trade Commission (“FTC”), which is always on the...Read More
The Supreme Court continues to define the False Claims Act
The Supreme Court continues to define the False Claims Act (“FCA”). In September 2022, Ward & Berry explained the possibility of the Supreme Court taking on a second FCA case¹ this term, and why we should care about it. Short answer: The “knowledge” aspect of the FCA is under heavy debate and any resolution...Read More
Supreme Court Dismissal of In re Grand Jury What This Means for (Potentially) Privileged Communications Going Forward
“If it ain’t broke, don’t fix it.” – Justice Kagan The Supreme Court decided to dismiss In re Grand Jury as “improvidently granted” in its January 23, 2023 Order after hearing oral argument on the case earlier this month. In other words, after agreeing to hear the case, and instead of establishing clear law...Read More
Former Navy General Counsel and Federal Prosecutor Bob Sander Joins Ward & Berry
Tysons, VA: Ward & Berry, PLLC is pleased to welcome The Honorable Robert J. (“Bob”) Sander, the Former General Counsel of the Navy, as its newest Partner. In addition to being General Counsel of the Navy, Bob has served as: Principal Deputy General Counsel of the Army/Senior Official Performing the Duties of (i.e. Acting)...Read More
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...Read More
OFCCP Contractor’s Portal Compliance Certification Opened March 31, 2022
Federal contractors and subcontractors are now required to certify annually to the Office of Federal Contract Compliance Programs (“OFCCP”) that they have developed and maintained an affirmative action program (“AAP”). On February 1, 2022, registration for the OFCCP Contractor Portal opened and on March 31, the certification features were turned on. Contractors have from...Read More