Muchowlaw is Seeking $2 Million For an Afghan Subcontractor the Army Promised to Pay and Never Did

Since 2013, the US Army has failed to pay $2 million as promised to an Afghan subcontractor, ASCT Group, that was building police stations for the Army in Afghanistan. 

“This is another example of how the Army has mistreated small, family-owned minority subcontractors risking their lives for us during the war," according to David J. Muchow, Managing Partner, Muchowlaw. “The Army failed to pay ASCT and other subcontractors what they were promised, leaving ASCT with hundreds of thousands of dollars it cannot pay.  And the Army also has left the subcontractor’s family members stranded in Afghanistan. This is no way to treat the many Afghanistan allies who risked their lives for the U.S. in Afghanistan.” 

October 4, 2021, ASCT filed its Post Hearing Reply Brief in this case before the Armed Services Board of Contract Appeals (Afghanistan Group of Supply Construction and Technical, ASCT Group, ABSCA No. 61955).  “We are hopeful that after eight long years, ASBCA finally will remedy this injustice.”


Plug and Play's Tech Center, Smart Cities, Hosts Corporate Law Expert David Muchow on "The 10 Killer Mistakes that Startups Make" 

Plug and Play, the ultimate innovation platform, connects the best technology with major corporations. Corporate law and startup expert, David Muchow, recently presented a web program for it on “The 10 Killer Mistakes That Startups Make and How to Avoid Them.” 

The presentation's key topics:

  • Where did my Equity go?
  • Bad Personnel Decisions
  • Misuse of Professionals and Reducing Legal Fees
  • Great Product but no Market
  • No Budget/P&L/Business Plan
  • Funding and SEC and Blue Sky Laws
  • Ethical Issues
  • Risk Management
  • And Management’s Failure to Prioritize, Focus, and Execute

    See the full presentation. 

Muchowlaw is Legal Counsel & Associate Producer to the PBS Film, "When My Time Comes," with NPR's Diane Rehm 

“When My Time Comes” is a new PBS film released in April, 2021. In it, NPR’s award winning reporter, Diane Rehm, investigates the controversial national movement known as medical aid in dying. This is a balanced and valuable look at the options for dying with dignity. Joe Fab of FabFilms is the Producer, Diane Naughton, Executive Producer, and David Muchow of Muchowlaw, 30-year corporate law expert, is the Associate Producer and Legal Counsel for Fab Films.  For more information, click here.


President-Elect Biden Should Appoint a Presidential Commission on the Election

Want to bring America back together? Use the healing power of facts. President-Elect Biden should appoint a Presidential Commission on the 2020 Election. It should include a detailed discussion of the Truths vs. the Claims/Myths in the election that have undermined millions of Americans' belief in a fair election.  

This could be a valuable, credible, factual, historical, and teaching reference tool. The Commission could be Chaired by Chief Justice Roberts, include highly respected Democrats and Republicans, academics, and attorneys. 

You can't debunk conspiracies just by having politicians or media personalities saying they're all wrong; you must be more specific and detailed in dealing with each of them. Lay out the facts for all to see and help prevent the spread of even worse problems in the midterms and 2024 elections.

It's not a panacea but it can be a start. Facts can help the country heal. 

#bidenharris2020 #election2020 #truthmatters 
#conspiracy #supremecourt #truth 
#trumppence2020 #elections
#presidentialelection #chiefjustice


Afghan Subcontractor wins Right to Proceed Against Army in $1.8M Case

David Muchow, Muchowlaw, counsel to Afghan Azimi Group (ASCT), announced that the Armed Services Board of Contract Appeals (ASBCA) has overruled the Army’s motion to dismiss certain claims against ASCT, a small business contractor that built police stations in Afghanistan in 2013 during the war. The Army promised to pay ASCT for its services but never has paid more than a fraction of its $1.8M invoices. ARTICLE in Law360

Even though the Army has never challenged ASCT’s performance or its services, the Army has stonewalled ASCT for six years, at times refusing to answer, negotiate or mediate,  apparently hoping that ASCT would give up. ASCT sued the Army in court in Delaware and now the case is before ABSCA. The Army’s actions, that destroyed this small contracting company, have left it with hundreds of thousands of dollars of vendor debts for products and services requested by the Army but never paid. The Army tried to delete portions of ASCT’s Appeal but the Board overruled it and now the case can proceed before ASBCA.

Appeal of Afghan Azimi Group of Supply, Construction and Technical, Inc. (ASCT Group) ASBCA No. 61955 (Feb. 27, 2020). 


BCSE and Bloomberg New Energy Finance Release 2020 Clean Energy Fact Book 

It’s perhaps the best, single, authoritative source on clean energy—filled with facts and charts. Bloomberg New Energy Finance (BNEF) and the Business Council for Sustainable Energy (BCSE) have released the 2020 Fact Book on Clean Energy at a press conference in DC. David Muchow is General Counsel to BCSE and on the Board of Directors.


Would you want the President or Attorney General to personally intervene in your criminal case for political reasons?

I wouldn’t.  That’s why, as a former DOJ prosecutor and Special Asst. to the Asst. Atty. General, Criminal Division, I have joined with over 2,000 DOJ former prosecutors and officials to support efforts to prevent political interference in criminal cases.

Justice must be impartially administered and never used for political retribution. I’ve signed on to the following statement by democracynow.org calling for the end of this practice by President Trump and Attorney General Barr which subverts the rule of law and American’s faith in the fair administration of justice.  No thumb should be on the scales of equal justice for all.  And, our institutions are only as strong as the citizens who will work to uphold their integrity.

At the close of the Constitutional Convention in 1787, Dr. James McHenry, delegate from Maryland said to Ben Franklin:

"Well, Doctor, what have we got—a Republic or a Monarchy?”
Franklin’s Answer:  “A Republic, if you can keep it.”

Sincerely,
David Muchow, Muchowlaw

Statement by Protect Democracy.org  

We, the undersigned, are alumni of the United States Department of Justice (DOJ) who have collectively served both Republican and Democratic administrations. Each of us strongly condemns President Trump’s and Attorney General Barr’s interference in the fair administration of justice.

As former DOJ officials, we each proudly took an oath to support and defend our Constitution and faithfully execute the duties of our offices. The very first of these duties is to apply the law equally to all Americans. This obligation flows directly from the Constitution, and it is embedded in countless rules and laws governing the conduct of DOJ lawyers. The Justice Manual — the DOJ’s rulebook for its lawyers — states that “the rule of law depends on the evenhanded administration of justice”; that the Department’s legal decisions “must be impartial and insulated from political influence”; and that the Department’s prosecutorial powers, in particular, must be “exercised free from partisan consideration.”

All DOJ lawyers are well-versed in these rules, regulations, and constitutional commands. They stand for the proposition that political interference in the conduct of a criminal prosecution is anathema to the Department’s core mission and to its sacred obligation to ensure equal justice under the law.

And yet, President Trump and Attorney General Barr have openly and repeatedly flouted this fundamental principle, most recently in connection with the sentencing of President Trump’s close associate, Roger Stone, who was convicted of serious crimes. The Department has a long-standing practice in which political appointees set broad policies that line prosecutors apply to individual cases. That practice exists to animate the constitutional principles regarding the even-handed application of the law. Although there are times when political leadership appropriately weighs in on individual prosecutions, it is unheard of for the Department's top leaders to overrule line prosecutors who are following established policies in order to give preferential treatment to a close associate of the President, as Attorney General Barr did in the Stone case. It is even more outrageous for the Attorney General to intervene as he did here — after the President publicly condemned the sentencing recommendation that line prosecutors had already filed in court.

Such behavior is a grave threat to the fair administration of justice. In this nation, we are all equal before the law. One should not be given special treatment in a criminal prosecution because they are a close political ally of the President. Governments that use the enormous power of law enforcement to punish their enemies and reward their allies are not constitutional republics, they are autocracies.


Muchowlaw is Counsel to Upcoming Public Television Film, "When My Time Comes"

A new book, “When My Time Comes,” by NPR’s award-winning investigative reporter, Diane Rehm, with a forward by John Grisham, has just been released by Knopf. It provides a balanced and in-depth look at the right to die movement in America.

The movie version, produced by Fab Films, with Joe Fab, Producer, Director, Writer; and Diane Naughton, Executive Producer, is forthcoming and will on air public television. David Muchow, Muchowlaw, is an Associate Producer and Counsel to Fab Films. Visit the movie's website: When My Time Comes.

Photo: (l-r) Shawn Lyles, Dave Goulding, Diane Rehm, Diane Naughton, Jim Gilchrist, Joe Fab; The team on the final day of principal photography at The Phillips Collection in Washington, DC, 9/16/19. 


Muchowlaw: Counsel to Vizions of Rock - an Online Media Company with Content around Rock Bands and Music Law  

Muchowlaw, corporate business and legal experts, is counsel to Vizions of Rock (VOR). Dave Muchow, Managing partner, notes that VOR is using Facebook, Instagram, YouTube, Twitter, and website pages as distribution channels for a slate of free and pay-per-view online scripted and reality series following the struggles and successes of emerging Rock Bands. Watch this on VizionsofRock.com.


Mason Enterprise Center. Photo by Evan Cantwell/Creative Services/GMU

Startup Law and Business Expert Dave Muchow at GMU’s Mason Enterprise Center 

Dave Muchow, startup expert and serial entrepreneur, presented a program at Mason Enterprise Center on “The Jungle Guide for Startups: How to Prevent Startup Suicide!” Muchow, who has helped hundreds of startups, has found that there are a handful of reasons why startups often fail. If you can avoid those, then you have a much better chance of surviving the difficult first year as a new company.


Muchowlaw, the startup experts, sponsored an entrepreneur pitch program with the Clean Energy Business Network (CEBN) and Potential Energy DC (PEDC) at the Solar Energy Industries Association (SEIA)

Muchowlaw, experts in growing companies from startup to exit, was pleased to be a sponsor of CEBN-PEDC's Pitch Workshop at the Solar Energy Industries Association’s HQ. This event helped clean energy startup companies improve their business and investor pitches in front of business and legal experts. Dave Muchow of Muchowlaw, (third from the left in the picture) has helped hundreds of energy and other startups with expert, practical, legal, business, and financial advice. He is General Counsel to CEBN, which represents some 3,000 clean energy businesses. PEDC is the leading clean energy incubator in the DC area and beyond.


David Muchow, startup expert, on preventing “Startup Suicide™”

At Bethesda Green, the Maryland startup incubator, Dave Muchow, the startup expert, who has counseled hundreds of startups, recently discussed some of the key reasons why startups fail. “Don’t fall into any of these traps or you could be one of those 80% of startups that commit Startup Suicide™ in the first year,” says Dave. Key traps to avoid:

  • Where did my Equity Go?
  • Bad Personnel Decisions - 'My Brother is a terrible CFO'
  • Misuse of Professionals and High Legal Fees
  • Great Product, no Market
  • I lost my Intellectual Property by Blogging and Can’t get Up!
  • No Budget/P&L/Business Plan
  • Funding: Shark Tank Dreams
  • Investor/Shareholder Nightmares
  • 'I just got some seed money from my uncle. So why is the SEC calling me?'

Muchowlaw Sues Army Under Contract Disputes Act - Afghan Military Contractor not Paid for his Work

Our firm represents an Afghan subcontractor in a dispute under the Contracts Disputes Act (CDA) against the US Army over the alleged failure of the Army to pay for construction work done in Afghanistan. Mucholaw has 15 years of experience as a government contractor in bidding for contracts, handling disputes, and contract negotiations.


Muchowlaw as Expert Counsel for an Energy Company Asset Acquisition

Our firm represented a gas and electric energy company as outside counsel in an acquisition of customers from another company. This involved structuring the asset purchase, and a wide range of financial, legal and regularly matters, and negotiations.


Ambassador Roman Macaya Hayes, Costa Rica Meeting with John Mosheim and David Muchow on Renewable Energy 

Ambassador Macaya Hays met with John Mosheim, Principal, GHG Engineering, LLC; and David Muchow, Managing Partner, Muchowlaw, and others. This meeting was sponsored by the Business Council for Sustainable Energy (BCSE), GHG Engineering, and the Embassy of Costa Rica. The Ambassador has been presenting Costa Rica´s achievement in renewable energy to business leaders, academia, and NGO´s interested in understanding how the energy matrix of Costa Rica works and its different components of renewable energy.  The Costa Rican model has balanced the need for economic growth while continuing the clean energy path to deep decarbonization.

Our firm represented a gas and electric energy company as outside counsel in an acquisition of customers from another company. This involved structuring the asset purchase, and a wide range of financial, legal and regularly matters, and negotiations.


Energy Law and Transactions' Latest Update - Most complete reference work of its kind, now available from LexisNexis

David Muchow, managing partner, Muchowlaw and of counsel to Mogel & Sweet, announced that Energy Law and Transactions, the most comprehensive energy reference work of its kind, has now completed its semi-annual update. This seven-volume treatise, also available on LexisNexis CD, is a treasure trove of information on energy from more than 100 energy law experts. First published in 1990 and updated semi-annually, it is an industry standard frequently cited by the courts. Comprehensive coverage of the energy industry includes traditional energy sources such as oil, gas, electricity, and coal, and nontraditional energy sources and technologies such as hydroelectricity, solar, nuclear, biomass, and cogeneration. These energy sources and technologies are discussed from cradle to grave - that is, from exploration and production through transmission, distribution, and final consumption by the end-user.

Muchow and William A. Mogel, Partner, Mogel & Sweet, are the Co-Editors of this treatise. It can be found at: LexisNexis: https://store.lexisnexis.com/products/lexisnexis-cd-energy-law-and-transactions-skuSKU11370/details

Practically written with model forms, tariffs, checklists, illustrations, and tables, it is a valuable tool for the energy practitioner involved with the preparation of energy contracts, sales and leases, mergers and acquisitions, antitrust, tax, commodities, accounting, business, consulting, public utilities, and international transactions. It offers coverage generally not available in another single source:

  • Spot market, brokering and energy futures transactions
  • Wheeling of electricity, transportation of gas (natural, SNG, LNG) and oil (via pipeline and tanker)
  • Application of antitrust laws to energy transactions
  • Practice and Procedure chapters on discovery, recovery of attorneys' fees, Freedom of Information Act, judicial review, preemption and settlements
  • Energy financing and bankruptcy
  • International energy transactions
  • Directories of regulatory agencies, companies and associations involved with energy;
  • Internet resources and energy conversion tools; and
  • A comprehensive, illustrated glossary of energy terms, with over 4,500 definitions

Muchow's Panel on Startup Law, Business, and Finance wins Prize for Best DC Cornell Club Program of the Year. 

Dave Muchow, serial entrepreneur, business and corporate lawyer, moderated a panel for the Cornell Club of Washington, DC on How to Start Your Own Company. The Cornell Club of Wash. DC awarded it the best program of the year. Muchow discussed the steps in forming a company,  along with practical legal, and business considerations to grow the company to success. Panelists included intellectual property expert Frank DeCosta, Partner, Finnegan Henderson, etc. al.; and Marco Rubin the Sr. Investment Dir. for the GAP Funds at the Center for Innovative Technology (CIT).


M&A  - Muchowlaw served as Counsel for an acquisition by a leading trade association of a major foundation’s clean energy program with thousands of members. 

Muchowlaw has years of experience in for-profit and non-profit merger and acquisitions, both in the US and internationally.


David Muchow, and other Executive Committee Members of BCSE with Senator Murkowski

Dave Muchow, General Counsel, with other Executive Committee members of the Business Council for Sustainable Energy (BCSE), at the 25th anniversary of BCSE with Senator Murkowski (R. Alaska), Chair of the Senate Committee on Energy and Natural Resources.  BCSE is the leading trade association for renewables, energy efficiency, and natural gas, and plays a major role as a business representative in climate change and other international programs.


Muchowlaw is counsel to Kickstarter campaign for startup Bloomcatch, Inc. – Basic legal and business tips for Kickstarter participants

Muchowlaw and Bloomcatch, Inc. have produced a Kickstarter campaign on Bloomcatch’s new smart phone software to instantly identify plants and “Put the Power of Nature in the Palm of Your Hand.” Bloomcatch has a unique and simple, self-learning software that increases the accuracy of plant identification with a smart phone while linking consumers to experts in gardening – along with other features.  Just take a picture of a plant and get the answer. This web cast also provides startup and Kickstarter companies with some basic legal and business tips from Muchowlaw on how to set up company and avoid legal problems.  Clink on this link to see the Kickstarter webcast.

Click on this link to see the Kickstarter webcast. https://live.kickstarter.com/bloomcatch-inc/live/test


Counsel to Artificial Intelligence (AI) company

Muchowlaw has become outside counsel to a new company that is applying Artificial Intelligence (AI) to meet the needs of military and aerospace contractors and the Department of Defense.


The Firm has become General Counsel to a new energy foundation

Muchowlaw is General Counsel to a newly formed energy foundation and served as counsel in creating the foundation.  This non-profit foundation will provide educational products and services on renewable energy, natural gas and energy efficiency.


renewables
Developing Renewables and Conventional Energy Resources on an Indian reservation

Our firm has been selected by a company that has exclusive rights with a Western Indian reservation to assess and develop the major energy resources such as solar, wind, coal, biomass, etc. on the reservation.


Muchowlaw is counsel to an Energy Services Company (ESCO) Merger

We are counsel to a retail energy firm regarding purchasing retail energy assets from another firm.


Immigration Visa Business Purchase

We are counsel to a foreign investor seeking to purchase business assets in the US under the State Department's Visa program


DHS
Muchowlaw Becomes Counsel to High Tech, Wireless Laser Firm for DOE, DOD, and DHS applications

Dave Muchow, Managing Partner, Muchowlaw, has become counsel to a high tech wireless laser firm. These lasers operate at very low power and low cost, and can be used to increase energy efficiency in buildings, detect health problems, and to identify harmful elements in the air and liquids for DOD and DHS.


Muchowlaw is Counsel to an Internet Marketing Firm

Muchowlaw is providing legal and practical business advice to an internet marketing firm that provides marketing services to small and medium size companies and helps clients get superior marketing results at more competitive rates.


Dave Muchow is a Judge at Georgetown University's Startup Competition

Dave Muchow, corporate lawyer and CEO, served as a judge of startup concepts at the Startup Hoyas Challenge at Georgetown University. With the support of Georgetown's McDonough School of Business, the Georgetown Entrepreneurship initiative enables students in every part or the university, graduate and undergraduate, to see the world as entrepreneurs do, while providing the knowledge and skills they need to act on their insights and add value to society.


Muchowlaw Provides a new Course on Start Up law with General Assembly, Wash., DC

Muchow law is providing a 3 hour course,"Start up Law Made Easy, Everything you need to Know About the Law," at General Assembly in Washington, DC. Dave Muchow, corporate law expert, serial entrepreneur, and CEO, will be presenting this course that will cover basic requirements and practical business tips for startups. General Assembly is the international organization that helps entrepreneurs learn technology, design, and business skills from industry professionals in our global community.


Cornell
Muchow on Startup Law 101 for Cornell Webinar and DC Entrepreneur Week

Dave Muchow, corporate and startup law expert conducted a webinar for Cornell's Entrepreneur Network on October 3. The topic is "Startup Law 101, What Startups Need to Know About the Law, Reducing Legal Fees, and Managing Lawyers." Dave is a tech CEO, board member, advisor, and counsel to many startup and other companies and nonprofit organizations. He also moderated a panel on "Legal Tips for Startups in Today's Economy" for DC Entrepreneur Week in Washington, DC on October 9 and is a frequent speaker on corporate law, technology, and entrepreneurship.

Some of the topics on Cornell's Webinar include:

  • What legal steps are needed to start a company?
  • My father just gave me $5,000 for a startup. Do I really have to file with the SEC?
  • How can I protect my intellectual property but still tell people about the product?
  • What can I do myself and when do I really need a lawyer?
  • How much will lawyers cost and how can I reduce costs?
  • How can I manage my lawyers?

Muchowlaw is supporting a broad array of new clients with legal and corporate advice that helps businesses grow more successfully

We're supporting start up and mature companies with corporate strategies, regulatory compliance, creative financing, and marketing plans to build client's success. For example, we are:

  • Helping Veterans Find Jobs. Dave Muchow has become a Board Member and General Counsel to a new social networking, internet company that is helping returning veterans find jobs more easily in the civilian world; and
  • Education. Helped establish a new foundation to support educational programs for inner city youth
  • Creating More Efficient Energy Products and Services. Serves as General Counsel to an energy company helping to provide energy efficient consulting services and more efficient power systems to commercial office building managers in New York and Washington, DC
  • Developing Government Procurement Opportunities. We Created a detailed go-to-market strategy for a renewable energy company looking to do business with the military
  • Immigration and Project Finance. We Worked with UK and US Immigration authorities to provide a new, C-level manager with investment capital to a US-based, international import/export business
  • Web-Based Financial Services. We helped a start company with an innovative on line brokerage concept, using social media techniques; and
  • Heath IP and HIPAA Compliance. We are helping several companies develop new, on line (Internet Protocol or "IP") marketing and intellectual property strategies while negotiating Health Insurance Portability and Accountability Act (HIPAA) regulations for on line privacy protection.

Muchow Speech to Atlantic Council on Fracking-Balancing the Risks, Rewards, and Public Trust

In an address to the Atlantic Council, a preeminent institution promoting transatlantic cooperation and security, David Muchow, energy company CEO, noted that support for fracking from the public, investors, and policy makers ultimately depends on trust. This trust is built by providing enough facts so that these and other stakeholders can make sound judgments on the risks, rewards, and level of regulation required. It involves balancing many factors such as: What is fracking's impact on jobs, roads, water and air pollution, who owns the title to surface subsurface recycled fluids (and minerals recovered in the process), how much water is needed, how much can be recycled, and what level of regulation is appropriate? Muchow described several solutions that can be useful to all stakeholders to build support for fracking based on facts and trust.


SEC Makes it Easier for Businesses to Raise Equity - Votes to End 80 Year Ban on Publicizing Unregistered Stock Offerings

The SEC has moved to end the 80 year ban on publicizing equity offerings that haven't been registered with the SEC. On July 10, 2013, the SEC voted (4-1) to make it easier for small businesses to raise funds from accredited investors. Under the new rule, businesses raising funds can notify the SEC 15 days before publicizing it. The issuer must take reasonable steps to verify that sales are to only to "accredited investors" – generally investors with a net worth of over $1 million excluding the value of their primary residence. Hedge fund investors need to have at least $2 million in net worth, excluding their primary residence. New SEC safeguards to protect the public also have been issued. Muchow, an SEC counsel, points out, however, that critics are concerned that: 1) more misleading advertising could be generated by the rule; and 2) that the process is not actually easier because SEC is requiring that companies take additional steps to verify that investors are accredited. The new rules were effective on September 23, 2013. The SEC's action implements Section 201(a)(1) of the JOBS Act (Jumpstart Our Business Startup Act) and continues the general trend toward breaking down the barriers between those raising and providing funds, such as crowd funding companies like Kickstarter and Indiegogo.


Muchowlaw Presentation to DC Incubators, Beacon, and The Hive 2.0

Dave Muchow, Managing Partner, Muchowlaw,  moderated a presentation on business law and finance with Kathi Cover, intellectual property expert, at Wash. DC’s business incubator, the Hive 2.0.

This program was sponsored by Beacon, the DC Women’s Founders Initiative – a leader in women’s entrepreneurship.