Lewis Roca Blog

The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD ¶ 294, is a bid protest where the awardee of the contract was found to have misrepresented its capacity to furnish a key person identified in its proposal. The GAO sustained the protest, determining that the key person had withdrawn her acceptance of a contingent offer of employment from the awardee, the agency relied on that misrepresentation, and the misrepresentation had a material effect on evaluation of the proposals.

The National Credit Union Administration (NCUA) approved a final rule that will require any Federally-Insured Credit Union (FICU)—including federally chartered corporate credit unions and federally insured state-chartered corporate credit unions—to report certain cyber incidents to the NCUA as soon as possible, and no later than 72 hours, after it “reasonably believes” it has experienced a reportable incident. The rule, which adds a new subsection (c) to 12 CFR Part 748.1, goes into effect September 1, 2023.

In issuing its new rule, the NCUA attempted to closely ...

We officially welcome our 2023 Diversity Legal Writing Interns who have joined us in our Denver, Las Vegas, Phoenix, and Tucson offices.

Download your free guide to Arizona's tax developments that occurred in 2022, with a focus on this past year’s tax legislation and court cases.

The investigation is focused on retail, travel, and food service apps that either do not honor consumer opt-out requests or do not provide the appropriate mechanisms for consumers to stop the sale of their data.

We laugh our way through some fun trivia and then discuss the latest at the USPTO with Molly Kocialski, Director of the USPTO's Rocky Mountain Regional Office.

Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a contract proposal is successful. A recent example of such a decision from the Government Accountability Office is Matter of Tech Marine Business, Inc., B-420872, 2022 CPD ¶ 260, October 14, 2022. The GAO sustained this protest because the agency failed to adequately explain why it did not consider the contractor’s transition plan to merit a strength finding.

Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.

After his recent acquisition of Twitter, Elon Musk announced sweeping changes to the platform. Among them is his crusade to suspend accounts impersonating others unless the account “clearly” specifies the account is for parody. This defeats the very purpose of comedy. A joke is not funny if you have to explain it.

On November 8^th, Arizona voters approved Proposition 209, which significantly modifies the rights of creditors. Although the pre-election publicity focused mostly on medical debt, Prop. 209 changes how all types of debt can be collected against individuals. The initiative is expected to take effect in January, 2023.