Featured Publications

Government Contracts: Important Virginia Federal Court Ruling on Enforceability of Subcontracts Alert - August 26, 2010

A recent federal court decision creates a new risk for subcontractors to small business or 8(a) prime contractors on federal set-aside contracts whose subcontracts do not comply with the rules of the U.S. Small Business Administration (SBA). The U.S. District Court for the Eastern District of Virginia held that an 8(a) set-aside prime contract violated SBA's "ostensible subcontractor" and "fifty percent" rules and, therefore, a subcontract between the 8(a) prime contractor and a non-8(a) subcontractor was unenforceable.

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Construction: Alert - August 27, 2010

On April 5, 2010, a mine explosion in West Virginia killed 29 miners. Following this tragedy many thought that a legislative response focused on reforms to bring our nation’s mine health and safety laws up to acceptable standards would be a priority. This has not happened. Instead, there was remedial legislation affecting all employers and workers by changing OSHA.

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Articles & White Papers

Non-competition Restrictions as Terms in Initial Offers under Buy/Sell Provisions - A Monkey wrench?
 

Florida Bar Journal

May 1, 2008
 

Holland & Knight attorney, Hank Jackson, wrote "Non-competition Restrictions as Terms in Initial Offers under Buy/Sell Provisions - A Monkey wrench?", about unforeseen issues that arise when non-competition terms are included in an initial offer in the context of a buy/sell agreement. It discusses whether such terms are appropriate and enforceable as well as the legal effect of an initial offer that includes unenforceable noncompete terms.

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