The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 9 – Contractor Qualifications, FAR Part 33, Protests, Disputes, and Appeals, FAR Part 46,...more
On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more
2/7/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Injunctions ,
Minimum Wage ,
SCOTUS ,
Texas ,
Trump Administration ,
Wage and Hour
The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more
The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more
7/30/2024
/ Appeals ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Injunctions ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Popular ,
SCOTUS ,
Statutory Authority ,
Texas
As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more
In an effort to counteract the economic damage wrought by the COVID-19 Pandemic, Congress passed the Infrastructure Investment and Jobs Act in November of 2021. Part of that bill set aside $370 billion to improve and expand...more
On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more
4/12/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Executive Branch ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Jurisdiction ,
Oral Argument ,
Regulatory Mandates ,
Remand ,
Reversal ,
Vaccinations
On March 30, 2022, the Ninth Circuit Court of Appeals issued a decision in Oertwich v. Traditional Village Of Togiak, No. 19-36029 (9th Cir.) that has potential implications for tribal sovereign immunity, including...more
Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction -
Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more
3/25/2022
/ Appeals ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Mandates ,
Federal Contractors ,
Georgia ,
Injunctions ,
Oral Argument ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations
Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval Forgiveness Decisions (“2022 Notice”)...more
Implementation of the federal contractor vaccine mandate remains subject to a nationwide injunction issued by the U.S. District Court for the Southern District of Georgia. The federal government has appealed this injunction...more
On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more
12/8/2021
/ Appeals ,
Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Statutory Authority ,
Stays ,
Vaccinations
On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay...more
11/18/2021
/ Appeals ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Masks ,
Motion To Stay ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Suspensions ,
Temporary Regulations ,
Vaccinations ,
Virus Testing
Update: On September 16, 2021, the Final Rule on Borrower Appeals of Final SBA Loan Review Decisions was posted and became effective on September 14, 2021 (the “Final Rule”). The Final Rule applies to all appealable final SBA...more
Update: On July 28, 2021, an Interim Final Rule on COVID-19 Revenue Reduction Score, Direct Borrower Forgiveness Process, and Appeals Deferment was posted. That Interim Final Rule conforms the applicable PPP rules to provide...more
Borrowers under the Small Business Administration’s (the “SBA”) Paycheck Protection Program (“PPP”) are required to either maintain or submit to lenders and the SBA certain documentation associated with their application for...more
1/28/2021
/ Appeals ,
Applications ,
Borrowers ,
CARES Act ,
Certifications ,
Coronavirus/COVID-19 ,
Economic Aid Act ,
Interim Final Rules (IFR) ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Payroll Expenses ,
Relief Measures ,
Required Documentation ,
Required Forms ,
SBA ,
Small Business
With recent updates to the Paycheck Protection Program (“PPP”) due to the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (the “Economic Aid Act” or “PPP2 Act”), new forgiveness application forms, and...more
1/27/2021
/ Amended Regulation ,
Appeals ,
Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Aid Act ,
Filing Deadlines ,
Loan Applications ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Rules of Practice ,
SBA