Legal Meets Practical: Accessible Solutions

LMP Blog Times Three: NVSBE, CVE and the WWE

On this rainy Wednesday, I find that there are more than a few choices for blog topics today. As such, I’m not limiting myself to just one. Here are my top three news items for the week of November 15, 2015:

Are You Missing Out on the NVSBE?

The National Veterans Small Business Engagement is in full swing in Pittsburgh, Pennsylvania (November 17-19). This is the annual conference put on by the Department of Veterans’ Affairs (VA) for veteran-owned small businesses (VOSBs). Alas, it is too late for you to attend this year, but put this on your radar for next year. With thousands of attendees and the presence of hundreds of procurement officials, it’s a great place to network for prospective teaming partners and federal opportunities. Also, it offers dozens of learning sessions on a variety of topics, so you can take your pick based on what interests/affects you. (Last year, I presented on teaming opportunities for VOSBs). As a reader, if you’re attending the conference and have something to say about it (whether about your experience this year, or in years past), please leave a comment!

The CVE’s Attempt at Process Improvement

The VA’s Center for Verification and Evaluation (CVE) has effected major changes in how it processes VetBiz applications. (This is the verification process for a VOSB to be included in the VA’s VetBiz registry and be eligible for VA set-asides). Basically, when the CVE assesses eligibility for the program, they ask for a lot of documents relating to the business (corporate documents, tax documents, resumes, etc). Now, the CVE is asking for certain documents initially, and once the business gets through that hoop, it asks for the rest. The idea, I understand, is to stop some businesses from wasting everyone’s time. Also, it gives businesses the chance to fix their corporate documents at the beginning of the process in the event an issue that needs fixing. I’m not a huge fan of these changes, which the CVE is labeling a “pre-qualification,” as it makes the process more piece mail (and piece-mail unnecessarily complicates a process). Also, if a business has a problem with its operating agreement or bylaws, this would be flagged at the end of the process, anyway. We’ll see if this change sticks.

Chris Kyle Estate v Jesse Ventura: Will We See a Second Round?

The estate of Chris Kyle, veteran and author of the acclaimed American Sniper, has appealed to a federal court, asking it to overturn the $1.8 million jury verdict for defamation and unjust enrichment found in favor of the colorful Jesse Ventura. This case stemmed from a chapter in American Sniper which described unsavory actions/comments by Ventura which he alleged (and proved) never took place. Part of the grounds for appeal is that Ventura’s lawyer had informed the jury that Kyle’s book publisher’s insurance company, not his widow, would be forced to pay a verdict. (Presumably, this made them less shy about granting such huge damages). The appeal was filed on October 20, and there is yet to be a ruling. This case is an interesting one (from a legal standpoint in particular, as Ventura recovered on legal grounds that are very hard to win on – unjust enrichment), so I’ll be covering this if the appeal is granted.

*Did you find this article informative? If so, sign up for Legal Meets Practical’s weekly blog on veteran issues at: https://legalmeetspractical.com. Remember to click the link sent to your email to activate your subscription!

8 Responses to “LMP Blog Times Three: NVSBE, CVE and the WWE”

  1. Thanks Sarah for your usual informative insight.
    Jake

  2. Sarah,

    Thank you for the information – very helpful.

    Tom

  3. Sarah,
    Your comments on the CVE had me apoplectic until I went to the CVE site. Asking for the company origination documents makes sense since it reflects the % of ownership of the SDV; but I didn’t see any requirement for tax documents (which would be intrusive and unnecessary). Strangely, I didn’t see any requirement for the SDV’s DD214 nor for the DVA medical disability cert.

    • It starts with the corporate documents, but as I understand it, ALL of these documents (including tax) are still necessary. The CVE merely does a pre-screening on the bylaws/operating agreement/resumes, etc, in order to decide whether to get you past the gate. You get past the gate, they ask for the rest.

      It’s confusing because if you click on the link in that part of my article, there’s the chart of the documents where it says “yes” or “no” regarding whether they’re required. At the top, however, it says they’re all required, so the “yes” or “no” appears to align with the pre-qualification documents (what you upload first). Otherwise there wouldn’t be many documents to the application.

  4. https://www.vip.vetbiz.gov/Public/Register/DocumentList.aspx

    “This Connection is Untrusted

    You have asked Firefox to connect securely to http://www.vip.vetbiz.gov, but we can’t confirm that your connection is secure.

    Normally, when you try to connect securely, sites will present trusted identification to prove that you are going to the right place. However, this site’s identity can’t be verified.”
    ==============

    Well THAT just figures. Tried for the umpteenth time on healthcare.gov (because the VA is incapable of rendering service as promised, for over 30 years) again just a week or two ago – they said my Zip Code does not exist.

    That is correct – Federal Government Website failed to acknowledge legit Zip Code = sheer incompetence

    Why are these folks not being tried for Treason? Dereliction of Duty? Misappropriation of Government Funds? etc etc etc

  5. Sarah, I loved this article! It was very informative and succinct. However, it is my understanding that Ventura never proved that the alleged event didn’t happen, rather, the Kyle Estate failed to prove that it did?

    • Hi Mike,

      I believe that’s right – with defamation, a defense is truth.

      In this case, Kyle’s book said X, Y and Z about Ventura, which the court found constituted defamation. If, however, the witnesses had corroborated what Kyle said happened, that would have established what the book said as truth, which is a defense to defamation. Because you can’t defame someone with the truth.

      I actually contemplated this case today during an episode of 30 Rock: “He says I defamed him. How do you defame someone who has been arrested in not one, not two, but three Chuck E. Cheese’s?” Well, technically, you can always defame someone, but the degree of damages will depend on who that person is. Ventura introduced a lot of evidence to show how these comments hurt his professional image.

      Sarah

      Sarah

      • Thanks! And I am eager to see what happens with the Supreme Courts, since I have a hard time seeing how this did any damage to Ventura?

Mission Statement

My mission is to provide accessible, high-quality legal services to small business owners and to veterans. I will strive to clearly communicate, understand objectives, and formulate and execute effective legal solutions.

Disclaimer

No Attorney-Client Relationship

This website is maintained exclusively for informational purposes. It is not intended to provide legal or other professional advice and does not necessarily represent the opinions of the lawyer or her clients. Viewing this site, using information from it, or communicating with Sarah Schauerte through this site by email does not create an attorney-client relationship.

Non-Reliance

Online readers should not act nor decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Because the law changes frequently, this website's content may not indicate the current state of the law. Nothing on this site is meant to predict or guarantee future results. I am not liable for the use or interpretation of information contained on this website, and expressly disclaim all liability for any actions you take or fail to take, based on this website's content.

Links

I do not necessarily endorse and am not responsible for content accessed through this website's links to other Internet resources. Correctness and adequacy of information on those sites is not guaranteed, and unless otherwise stated, I am not associated with such linked sites.

Contacting Me

You may email me through the email address provided by this site, but information you send through email or this website is not secure and may not be confidential. Communications will not be treated as privileged unless I already represent you. Do not send confidential information until you have established a formal attorney-client relationship with me. Even if I represent you, please understand that email security is still uncertain and that you accept all risks of such uncertainty and potential lack of confidentiality when you send us unencrypted, sensitive, or confidential email. Email from me never constitutes an electronic signature, unless it expressly says so.