Scott P. Fitzsimmons Selected to Join AAA Roster of Arbitrators
The American Arbitration Association (AAA) has selected Scott P. Fitzsimmons, a Senior Partner in our Washington, DC office, to join its prestigious Roster of Arbitrators. Upon completing AAA’s specialized training program, Scott will be available nationwide as a neutral arbitrator for construction and government contracts disputes. Scott brings extensive experience in construction law and government […]
DOJ’s Cyber Fraud Initiative and Recent Settlements: What Contractors Need to Know
By Scott P. Fitzsimmons, Senior Partner (Washington, DC) A recent series of high-profile settlements has drawn attention to the U.S. Department of Justice’s (DOJ) pursuit of fraud cases involving cybersecurity and federal contracting. These settlements arise from the Civil Cyber-Fraud Initiative, launched in October 2021, which aims to enforce accountability among contractors under the False […]
California Law Update: Procedural Requirements and Practicalities When Advancing a Claim Against a Public Entity
By Brent N. Mackay, Partner, and Thomas M. Padian, Associate (Irvine, CA) Introduction Imagine you represent a claimant with grounds to sue a governmental entity. Prior to the initiation of the lawsuit, you submit a claim on their behalf, which is rejected. You file suit in state court only to have the judge dismiss your client’s […]
New Changes and Restrictions Proposed for Buy American Act
By Scott P. Fitzsimmons, Senior Partner, Washington, DC On October 21, the Biden administration proposed implementing significant reforms to the Buy American Act (BAA), asserting a commitment to boost American manufacturing and reduce reliance on foreign goods in federal procurement. The proposed rule, initially introduced by the FAR Council in May 2020, but not yet […]
Tips on Declaring a Downstream Party in Default and Termination
By Kaitlyn M. Linsner, Associate, Chicago Parties do not typically enter a construction contract planning for failure, but as industry participants know, there are obstacles during project execution which may challenge the contracting parties’ relationships. Many of these obstacles can be resolved through the dispute procedures outlined in the contract, however; there are times when […]
Marguerite Lee DeVoll Named on American Bankruptcy Institute’s 2024 40 Under 40
Marguerite Lee DeVoll, a partner in our Washington, DC office, was honored as a member of the American Bankruptcy Institute’s 2024 40 Under 40 class. The ABI is the largest community of bankruptcy experts in the nation and recognizes those who exemplify excellence through their professional accomplishments and dedicated service. Marguerite’s selection reflects her remarkable […]
Brandon Regan Named Partner
We are pleased to announce that Brandon Regan has been promoted to Partner. Brandon joined the McLean office of the law firm in May 2022 after spending three and a half years as an Assistant U.S. Attorney in the Federal Major Crimes Division of the U.S. Attorney’s Office in Washington D.C. While in the U.S. Attorney’s […]
Meaningful Consequences: Massachusetts Supreme Judicial Court Strictly Interprets the Prompt Pay Act
By Jonathan Burwood, Senior Partner On June 17, 2024, the Massachusetts Supreme Judicial Court issued its first interpretation of the Commonwealth’s Prompt Pay Act (M.G.L. c. 149, s. 29E) through its decision in Business Interiors Floor Covering Business Trust v. Graycor Construction Company Inc., et al. The SJC’s decision comes exactly two years after the Appeals […]
Supreme Court Holds Question of Arbitrability Raised by Subsequent Contract is for the Court, Not Arbitrators, to Decide
By Shelly Ewald, Senior Partner On May 23, 2024, the United States Supreme Court issued a decision that courts, not arbitrators, should decide whether an earlier agreement to arbitrate is binding on the parties to a dispute when a subsequent contract contains a forum selection clause providing that disputes will be resolved by state courts. […]
The (Jurisdictional) Rebranding of the CDA’s Sum Certain Requirement
By Jordan A. Hutcheson and Stephanie Rolfsness, Associates The Contract Disputes Act (the “CDA”), 41 U.S.C.A. §§ 7101 et seq., which has provided the statutory framework for resolution of most contract disputes between the federal government and its contractors since 1978, has recently been the subject of changes in judicial interpretation, despite no corresponding […]