Breaking Up Is Hard to Do: Expulsion of an LLC Member

“Change the changeable, accept the unchangeable, and remove yourself from the unacceptable.” —Denis Waitley It’s hard to argue with this advice from Mr. Waitley, a Naval Aviator turned business consultant and motivational speaker. When faced with an LLC member or members that have become toxic, disagreeable or just plain useless, converting Waitley’s advice into action is essential. First, Identify the Problem Defining the problem presented by your fellow LLC member(s) is the first step, and cannot be overlooked. Often

Service Connected Disabilities Resulting in Monthly VA Compensation

VA Disability Compensation is a tax-free monthly payment made to Veterans who became disabled because of their service in the military. Compensation payments are made on the 1st day of every month. It is possible to obtain compensation for nearly any disability that is service connected, if the condition did not pre-date a Veteran’s service or is congenital (present from birth). To establish a “direct” service connection and qualify for benefits, three elements must be established in a benefits

VA Pension Eligibility

The Department of Veterans Affairs (VA) manages two disability benefits programs: disability compensation and pensions. Both programs provide tax-free monthly payments to qualifying veterans. But, there are different eligibility requirements. This article concerns non-service-connected VA pension benefits. What is a VA Pension? The VA pension was created to compensate disabled or elderly veterans who volunteered to serve their country during a time of war. How is Eligibility Determined? Benefits are awarded after three requirements are satisfied: 1. Wartime service.

Avoiding Adverse SBA Size and Standard Decisions

As the value of government contracts increases, so does the likelihood your company, as the winning bidder, will face a size and standard protest from a disappointed bidder. Defending a size and standard protest is at best annoying and, at worst, truly concerning. The process can feel a little (or a lot) like finding yourself a target of a police state investigation: a full-scale review of your business documents, initiated by vague allegations from someone with an ax to

Discriminatory Jury Selection In Re Kyree Howard-Walker*:
Part One – Batson Challenges

True Story I’ve been there, sitting at the Defense table during trial and the parties had just concluded voir dire, also known as jury selection. The court was preparing to swear in a newly formed jury of my client’s peers. Juror badges were being passed out. My co-counsel was getting ready to deliver opening statements, when I looked into the eyes of each juror and saw what I believed would lead to the loss of our case. My client,

Incomplete Novation = No Direct Economic Interest

Government contracting law firm

Parties with an unapproved novation agreement aren’t eligible to protest agency award decisions. The GAO found that under the bid protest provisions of the Competition in Contracting Act of 1984 only an “interested party” may protest a federal procurement. The protester must be an actual or prospective offeror to have a direct economic interest in the award of a contract. In the Matter of: Wyle Laboratories, Inc., File:  B-416528, dated September 7, 2018 the GAO held Wyle did not

Successful GAO Price Realism Protest Requires the Right Solicitation

Small businesses are frustrated when underbid by competitors for federal task orders.  These businesses may challenge awards based on price realism.  They may even have evidence the contract cannot be performed at the offered price.  While the evidence may be compelling and change the outcome of an award decision, it will not be considered – unless the solicitation specifically requires an evaluation of the price realism. In the Matter of Earth Resources Technology This evaluation principle was reiterated on

What You Need to Know about Legally Identical Trademarks

In re Trilliant Food and Nutrition, LLC, 2017 WL 3102593   The Trademark Trial and Appeal Board (TTAB) decided this case. The TTAB is an administrative board that deals with issues arising out of the United States Patent and Trademark Office (USPTO). The TTAB oversees opposition, cancellation, interference, and concurrent use hearings. The TTAB also hears appeals for trademark application rejections from USPTO Trademark Examining Attorneys. Legally Identical Trademarks Background Trilliant Food and Nutrition, LLC (Trilliant) submitted an application for trademark registration

Your Small Business Exit Strategy: Think Bigger

Many small business owners dream of the day they can sell their business and retire to a life of opulent leisure.  Well, perhaps not opulent.  Comfortable.  That dream usually involves a cash sale of their business (perhaps at an unrealistic price), preferably as early as possible.  Age 65, for many, is an abstraction.  We may be hurtling quickly toward it, but most retirement dreamers don’t want to wait that long. How sophisticated is the average small business retirement dream? 

Forest fires and Task orders exceeding the scope of the original IDIQ

When Task Orders Exceed Your Contract This bid protest, filed by Western Pilot Service (WPS) and three other contractors, protested the BLM’s issuance of a task order, which in the view of the protester exceeded the scope of the original IDIQ, and was therefore illegal. The back story to this protest is that the BLM originally issued to solicitations; one for on-call aircraft services for forest fire suppression and another solicitation for 100 day exclusive use aircraft services for the same