Are Incontestable Trademarks Contestable?

REQUEST A CONSULTATION A long-running trademark dispute between the City of Portland and a craft brewery within that city, OldTown Brewery, is over, according to an announcement by theOregon Brewers Guild. Old Town Brewery, the owner of aregistered federal trademark since 2012, had been defending its registration against the City of Portland for two years. The fight has been over the city’s application for a trademark that includes a leaping stag. Old Town received a federal registration for the stag

2017 Decision 1: DCAA Audits – Unapproved Subs and Unallowable Costs

Many clients have Department of Defense contracts and are subject to Defense Contracting Auditing Agency (DCAA) audits of incurred costs in accordance with FAR 52.216-7, “Allowable Cost and Payment.” An important 2017, 61-page decision by the Armed Services Board of Contract Appeals (ASBCA) addressed the following major government contracting issues: Overhead rates and supporting documentation; DCAA’s ability to change positions before the six-year statute of limitations expires; Depreciation; Bonuses; Accrued Costs crossing fiscal years; and, Unapproved subcontractor costs. The case was

What the New Tax Law means for your business

New Tax Law Helps and Hurts 95% of the 32 million businesses in the United States are what are called “pass-through” businesses and over 40 million taxpayers claim pass-through income on their personal income tax returns. If you have questions or need legal tax advice, Contact us The Tax Cuts and Jobs Act (TCJA) was signed into law by President Donald Trump on December 22, 2017.  The biggest change to our tax code businesswise that most people are familiar with is

Holdbacks When You Buy

REQUEST A CONSULTATION What is a “holdback” and how can it help We’ve all bought something that didn’t live up to our expectations.  When it’s something small, we may grumble about it for a moment or two, and move on with our lives.  When you’re buying a business, your financial life may hang in the balance.  Understanding your rights if you don’t get the business you were promised, or better yet, having an effective remedy, is critically important. In

Net Neutrality’s End and What it Means to You

Learn More About Us The End of “Net Neutrality”:  What to Expect as a Consumer and Business Owner Nearly every teenager spends a fair amount of time glued to YouTube, and my two sons are no different.  As the debate over net neutrality unfolded, my sons relayed to me that nearly every YouTube personality they watch made the repeal of the Obama-era “net neutrality” regulations sound like the end of the world.  If it’s a big topic online, my

U.S. Law Dictates Spousal Support from Retirement Pay

Set Up an Appointment with one of our Attorneys In the recent US Supreme Court case of Howell v. Howell, 137 S.Ct. 1400 (2017), it was held that a state court may not order a veteran to pay more spousal support for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits. See the news report here. Background: Federal Law Preempts Unless Congress Says Otherwise Because the

The Rule of Two

Set Up an Appointment with one of our Attorneys It has been a little over a year now since the US Supreme Court issued its opinion in Kingdomware Technologies, Inc. v. United States, 136 S. Ct. 1969 (2016). We discussed the case here. In that case, the court held requirements and procedures in the Veterans Benefits Act of 2006 (“VBA”), 38 U.S.C. § 8127 were mandatory. The purpose of the VBA was to set annual goals for contracting with service-disabled and

Servicemembers Returning to Work: Know Your USERRA Rights

Congress has enacted many laws and statutes that protect servicemembers rights including rights related to employment. It is simply unacceptable to serve your country and then come back from duty and have no job. To remedy that problem, Congress passed the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. § 4301 et seq., which requires employers to reemploy service members in civilian jobs when these individuals return from a period of duty. Who is Protected? USERRA applies

Can the New Tax Bill Actually Affect Your Beer Choices?

The new tax reform bill will affect your brewery in a good way. The Tax Cuts and Jobs Act included the Craft Beer Modernization and Tax Reform Act (CBMTRA), which brings relief to breweries on several levels. The first and most immediate relief is financial: a reduction in federal excise taxes. Smaller breweries—producing less than 6 million barrels per year—will now pay $3.50 per barrel, down from $7 per barrel, on the first 60,000 barrels, and then $16, down from $18,

Could Your Business Survive Debarment from Government Contracts?

Set Up an Appointment with one of our Attorneys Suspensions, Proposed Debarments and Debarments are used by agencies to protect themselves from irresponsible contractors. Federal Acquisition Regulation (FAR) Part 9.4 directs agencies to solicit offers, award contracts and consent to subcontracts only with responsible contractors.  The process for suspension and debarment is left to agency discretion.  The rule results from the efforts of the Office of Management and Budget to combat waste, fraud and abuse in the 1980s.  Suspension and debarment used