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Contract Terms New Guidance

Holland & Knight LLP

DOD Secretary Directs Limitation of IT Consulting and Advisory Services Contracts

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The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As our team previously summarized, EO 14222 implemented the Department of Government Efficiency's (DOGE) "cost...more

Schwabe, Williamson & Wyatt PC

FAR Council Using Systematic Approach to Make Revisions

The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research. The GSA provided the following explanation of the changes to FAR Part 10: ...more

Morrison & Foerster LLP - Government...

Ongoing FAR Overhaul: Market Research and the New FAR Part 10

The latest part of the Federal Acquisition Regulation (FAR) to undergo a rewrite is FAR Part 10, which addresses market research for acquisitions. The General Services Administration has already adopted the new Part 10 via...more

McAfee & Taft

DOL confirms cybersecurity guidance applies to health and welfare plans

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On Friday, September 6, 2024, the U.S. Department of Labor confirmed that its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best...more

Lathrop GPM

FTC Takes Action Impacting the Franchise Relationship

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On Friday, July 12, 2024, the Federal Trade Commission (“FTC”) published an analysis of the information it received in response to its Request for Information related to  franchisors’ business practices, launched in March...more

Miller & Martin PLLC

Project Labor Agreements Required on Federal Construction Projects

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On December 18, 2023, the Federal Acquisition Regulatory (FAR) Council announced its final rule requiring Project Labor Agreements (PLAs) on all federal construction projects valued at $35 million or more...more

Bradley Arant Boult Cummings LLP

Contextual “Construction” of Force Majeure Clauses

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and...more

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

Venable LLP on

Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Parker Poe Adams & Bernstein LLP

NLRB Takes Aim at Employee Separation Agreements

Over the last several months, the National Labor Relations Board (NLRB) has taken a paring knife to employers’ ability to strategically use separation agreements with employees. On February 21, the NLRB reinstated its prior...more

Kohrman Jackson & Krantz LLP

NLRB Offers New Guidance on Recent Severance Agreement Decision: Here’s What Employers Need to Do Now

Last month we published an article on the NLRB’s decision in McLaren Macomb Hospital where the Board reversed course on the NLRB’s prior position on interpreting severance agreements under Section 7 of the NLRA. In McLaren,...more

Fenwick & West LLP

Severance Agreement Provisions Further Scrutinized in New NLRB Guidance Following McLaren Macomb Decision

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As we reported last month, the National Labor Relations Board (NLRB) struck down broad confidentiality and non-disparagement provisions in severance agreements in McLaren Macomb, 372 NLRB No. 58, finding such provisions to be...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Offers More Guidance on Non-Disparagement Decision

The NLRB’s decision last month in McLaren Macomb, holding that the mere proffer of a severance agreement containing a broad confidentiality or non-disparagement clause violates federal law, left many employers questioning...more

Laner Muchin, Ltd.

Employers Face Another Annual Disclosure for their Group Health Plan Related to the No Surprises Act: “Gag Clauses”

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The No Surprises Act (the NSA) bans “gag clauses” that prevent disclosure of price or quality information in agreements between health plans and certain service providers. In addition, the NSA requires plan sponsors to attest...more

Walkers

Bermuda introduces guidance on independent contractors

Walkers on

The continuing development of the gig economy and the increased use of remote working following the pandemic has presented challenges for determining the true nature of working relationships. This determination is critical...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

Stikeman Elliott LLP on

On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

Bradley Arant Boult Cummings LLP

New DoD Guidance on Inflation and Economic Price Adjustments

In response to industry questions about economic price adjustments for inflation, the Department of Defense (DoD) recently issued Guidance on Inflation and Economic Price Adjustments...more

Venable LLP

Concerned Over Inflation? DOD Issues Guidance to Contracting Officers Relating to Current and Future Contracts

Venable LLP on

Following on the heels of the coronavirus pandemic, high inflation now presents itself as the latest major challenge for government contractors. Inflation is on the rise, reaching levels that have not been seen in more than...more

Womble Bond Dickinson

Federal Contractors Vaccine Mandate: What Government Contractors Need to Know

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The implementation of President Biden’s September 9, 2021 Executive Order regarding COVID-19 vaccine and safe workplace requirements for federal contractors has caused confusion and prompted numerous questions from federal...more

Mintz - Employment Viewpoints

Breaking Down the New COVID-19 Safety Protocol Guidance for Federal Contractors and Subcontractors

The Biden Administration, via its Safer Federal Workforce Task Force (the “Task Force”), has now provided the guidance with which federal contractor and subcontractors must comply in connection with their contracts and...more

Lathrop GPM

Federal Task Force Issues Guidance Regarding Federal Contractor and Subcontractor Vaccination requirements

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On September 24, the Safer Federal Workforce Task Force issued guidance regarding President Biden’s Executive Order 14042, requiring COVID-19 vaccinations for employees of federal contractors and subcontractors. The 14-page...more

BCLP

Play fair children! - UK Cabinet Office publishes contract management guidance entreating all parties to act “reasonably” in...

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On Thursday, 7 May the Cabinet Office published ‘Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency’ (the “Responsible Behaviour Guidance”). What...more

Bradley Arant Boult Cummings LLP

Maryland Court of Appeals Bars Confessed Judgment Clauses in Consumer Contracts

A recent decision from the Maryland Court of Appeals provided somewhat surprising new guidance on the permissibility of confessed judgment clauses in consumer contracts. In Goshen Run Homeowners Association, Inc. v. Cisneros,...more

BCLP

Securities and Corporate Governance Update – October 2019

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This newsletter discusses noteworthy updates, key regulatory decisions and upcoming compliance reminders. In this edition, we review: ...SEC Changes Approach to Shareholder Proposal No-Action Requests ...SEC Issues...more

Orrick, Herrington & Sutcliffe LLP

E-Commerce Businesses Beware: The Freedom to Contract does not Trump Reasonable Privacy Expectations

The EDPB’s new Guidelines on Article 6(1)(b) may severely limit e-commerce business’ ability to enhance data processing by unilaterally defining contractual services....more

Franczek P.C.

NLRB Clarifies Employer Right to Require Mandatory Arbitration Agreements Following Supreme Court’s Epic Systems Decision

Franczek P.C. on

In a significant decision for employers, the National Labor Relations Board (NLRB) provided new guidance addressing the intersection of arbitration agreements and the National Labor Relations Act (NLRA). The NLRB’s recent...more

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