Like the class deviation, the Proposed Rule would declare “unenforceable” 15 typical CSA/EULA terms and conditions that GSA believes are inconsistent with federal law. This change would thus allow GSA to ignore these clauses during negotiations, with the stated goal of reducing time and expense in negotiating CSAs/EULAs. … [Read more...] about General Services Administration (GSA) Doubles Down on CSA/EULA Deviation
FAR 12.216, Unenforceability of unauthorized obligations – This provision outlines the issue presented above where supplies or services acquired by the government are subject to an open-ended indemnification clause, pointing to new subparagraph (u) at 52.212-4, Contract Terms and Conditions – Commercial Items, which specifies that: (i) such a clause is unenforceable against the government, (ii) the government will not be deemed to have agreed to such a clause even where it clicks “I agree,” and (iii) such a clause will be read out of the agreement. The foregoing does not apply to government indemnification that is expressly authorized by statute and agency regulations. Commercial vendors should be aware of this change because FAR 52.212-4 contains the standard terms and conditions related to commercial items and is to be included the majority of commercial item contracts. … [Read more...] about Lots of Little Things – Federal Acquisition Regulation (FAR) Updates from the Federal Acquisition Circular
In the latest incident, recorded on audiotape, Ellender refused a restraining order sought by Eula Smith Warren, calling her petition “crap,” the New Orleans Times-Picayune reports. In the March 2007 hearing, Ellender said Warren’s husband had not abused her or his children. “Heat, big smoke, but no fire,” Ellender said. “Dismissed. You want a divorce, get a divorce. You’re not getting a TRO. See y’all later.” … [Read more...] about Another Charge of Insensitivity for Judge Sanctioned for Wearing Blackface
Facebook’s prevalence in extramarital affairs has, in turn, also led it to become a favorite evidence tool for divorce attorneys. The American Academy of Matrimonial Lawyers recently reported that 81% of its members have used or faced evidence taken from Facebook or other social networking sites over the last five years. Such evidence can have dramatic consequences for a party in a divorce case. For instance, a mother’s alienation of affliction claim may be bolstered by evidence of the father forcing the couple’s son to “de-friend” his mother on Facebook. A parent going through a divorce may have their request for additional timesharing with their child denied if the court is presented with pictures from Facebook depicting the parent drinking or doing drugs when the child is in their care. A divorcing spouse seeking alimony based on a lack of earning capacity may have their request denied by the court if the requesting spouse’s Facebook account is … [Read more...] about Facebook & Extramarital Affairs: Beware!
Notably, BIPA provides for a private right of action, and potential awards of $1,000 in statutory damages for each negligent violation ($5,000 for each intentional or reckless violation), as well as injunctive relief and attorney’s fees. The statute contains defined terms and limitations, and parties in other suits are currently litigating the meaning of biometric identifiers” and “biometric information” under the statute and whether the collection of facial templates from uploaded photographs using sophisticated facial recognition technology fits within the ambit of the statute. … [Read more...] about Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm