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Legal News & Updates

  • Understanding FAR 52.222-90 “Addressing DEI Discrimination by Federal Contractors” — Federal Agencies Incorporating New DEI Clause into Government Contracts

    Government contractors, if they have not seen it already, are likely to begin seeing FAR 52.222-90, Addressing DEI Discrimination by Federal Contractors, in solicitations, contracts, and subcontract flowdowns. After Executive Order 14398 was issued (which our team discussed previously),[1] the FAR Council issued guidance on April 17, 2026, directing federal agencies to incorporate the new... Continue Reading…

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  • Privity Required: Tenant at a Government-Owned, Contractor-Operated Facility Lacked the Contractual Relationship Necessary to Assert a Claim Against the U.S. Army

    As experienced government contractors know, the rights and remedies available to prime contractors and subcontractors vary markedly. Prime contractors have a direct contractual relationship with the U.S. Government—referred to as “privity” of contract—and therefore may bring claims directly against the government under the Contract Disputes Act (CDA). Subcontractors are typically only able to pursue claims... Continue Reading…

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  • New Executive Order Heightens Scrutiny on Race-Based DEI, Expands Federal Contractor Compliance Obligations, and Decentralizes Enforcement Across Multiple Agencies

    On March 26, 2026, the White House issued an Executive Order (2026 DEI Executive Order) imposing new obligations on federal contractors to provide evidence of the elimination of racially discriminatory Diversity, Equity, and Inclusion (DEI) activities. The stated justification for the 2026 DEI Executive Order is to prevent “artificial” and “unnecessary” DEI program costs from... Continue Reading…

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  • DOJ’s Annual Report Suggests FCA Cases—Especially Qui Tam Cases—Will Continue to Surge in 2026

    The Department of Justice (“DOJ”) recently released its 2025 statistics for federal False Claims Act cases. With settlements and judgments exceeding $6.8 billion last year, DOJ’s report shows that the False Claims Act (“FCA”) remains one of DOJ’s most potent and frequently-used investigation tools. The annual report also suggests that, after a year of change... Continue Reading…

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  • Civil Rights Fraud Investigations of DEI Programs Have Begun

    On May 19, 2025, the Department of Justice (“DOJ”) announced its Civil Rights Fraud Initiative (the “CRFI”). As discussed in our post related to that announcement, the CRFI mobilizes federal, state, and local law enforcement to investigate whether recipients of federal funds have DEI programs that violate federal civil rights laws. Multiple federal and state... Continue Reading…

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  • The Impact of the Upcoming Closure of OFCCP

    Recently, my colleague Tracey O’Brien and I examined the implications of the federal government’s intention to shut down the Office of Federal Contract Compliance Programs (OFCCP). OFCCP has already proposed to prohibit data collection by federal contractors of disability status from employees and applicants. In a Notice of Proposed Renewal of Information Collections released by... Continue Reading…

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  • CMMC Day and a Break in the Senate Logjam

    After a Senate vote on Sunday evening, Congress appears closer to ending the record-setting government shutdown. The Senate advanced a funding package that includes appropriations for military construction and calls for the reinstatement of all furloughed federal employees. The potential return to normal government operations coincides with today’s official implementation of the Department of Defense’s... Continue Reading…

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  • Contractor Rights and Remedies in a Shutdown of Extraordinary Length

    The extended duration of the October 2025 shutdown, which will soon be the longest in history, adds a new level of uncertainty and pressure for federal contractors and subcontractors. Does the shutdown excuse the government from paying invoices that come due during the shutdown? Can the government require contractors to work without payment? What relief... Continue Reading…

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