In its recent decision, Becerra v. San Carlos Apache, No. 23-250, the U.S. Supreme Court ruled the Indian Self Determination and Education Assistance Act (ISDEAA), 25 U.S.C. § 5301 et seq., requires the Indian Health Service...more
On June 28, 2024, the Supreme Court overruled the Chevron doctrine that had guided courts’ review of agency actions the past 40 years. The Chevron doctrine required courts to defer to a federal agency’s reasonable...more
7/11/2024
/ Administrative Procedure Act ,
Ambiguous ,
Chevron Deference ,
Construction Industry ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Real Estate Market ,
Regulatory Authority ,
SCOTUS ,
Seventh Amendment ,
Statutory Interpretation
On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more
7/10/2024
/ Administrative Procedure Act ,
Administrative Proceedings ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Government Agencies ,
Judicial Authority ,
Kansas ,
Labor Law Violations ,
Loper Bright Enterprises v Raimondo ,
Non-Compete Agreements ,
Regulatory Authority ,
SCOTUS ,
Statute of Limitations ,
Statutory Interpretation ,
Texas
The decision to overrule Chevron will likely have impacts on government contracting. A vast array of government contracting regulations that control contracts, such as Davis-Bacon Act requirements, Service Contract Act...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Davis-Bacon Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SBA ,
SCOTUS ,
Service Contract Act ,
Statutory Interpretation
For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...more
7/9/2024
/ 8(a) Program ,
Administrative Procedure Act ,
Alaska ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Indian Gaming Regulation Act ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Small Business ,
Statutory Interpretation ,
Tribal Governments
A Federal District Court in Texas struck down portions of the Department of Labor’s (DOL) revisions to the Davis-Bacon Act Regulations, effectively reducing the scope of work that will be subject to Davis-Bacon Act wages....more
6/27/2024
/ Amended Rules ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Final Rules ,
Material Suppliers ,
Regulatory Agenda ,
Regulatory Requirements ,
Wage and Hour
On Tuesday, June 18, the Office of Federal Procurement Policy issued a notice to request public comment on whether and how to amend the Cost Accounting Standards Board’s rules that govern the application of Cost Accounting...more
June 14, 2024 Industry Group Leader On June 11, the Small Business Administration announced that it was extending the moratorium on the application of the bona fide place of business rule for 8(a) construction contracts to...more
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration are proposing amendments to the Federal Acquisition Regulations (FAR) that will align the FAR with regulatory...more
6/12/2024
/ Alaska ,
Comment Period ,
Deadlines ,
Federal Acquisition Regulations (FAR) ,
Mentor-Protege Program ,
Proposed Rules ,
Puerto Rico ,
SBA ,
Small Business ,
Subcontractors ,
Tribal Corporations
The Alaska Supreme Court recently affirmed and expanded Tribal sovereignty in Ito v. Copper River Native Association, issued on April 26, 2024, in which the court adopted a new multi-factor inquiry to determine whether an...more
The FTC recently found that non-compete agreements are an unfair method of competition, and issued a final ruling that bans non-compete agreements. The commission predicts the nationwide ban will encourage innovation,...more
5/8/2024
/ Confidential Information ,
Disclosure Requirements ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Startups ,
Unfair Competition
Two separate lawsuits have challenged the Federal Trade Commission’s ban on non-compete provisions and agreements: Chamber Of Commerce Of The United States Of America et al. v. Federal Trade Commission et al., Case No....more
5/7/2024
/ Arbitrary and Capricious ,
Enforcement ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Final Rules ,
First-to-File ,
FTC Act ,
Lack of Authority ,
Litigation Strategies ,
Non-Compete Agreements ,
Popular ,
Stays ,
Unconstitutional Condition
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have issued a final rule (the “Final Rule”) that amends the Federal Acquisition Regulation (FAR) to maximize...more
The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of...more
4/30/2024
/ Arbitrary and Capricious ,
Class Action ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Motion for Summary Judgment ,
Motion To Enjoin ,
Motion to Vacate ,
Non-Compete Agreements ,
Restrictive Covenants
On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become...more
4/25/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
On April 9, 2024, the U.S. Department of Transportation published its Final Rule to the Disadvantaged Business Enterprise (DBE) and Airport Concession DBE (ACDBE) programs. The Final Rule is the most significant overhaul to...more
On March 15, 2022, the Cyber Incident Reporting for Critical Infrastructure Act of 2022 was signed into law. Generally, CIRCIA requires “covered entities,” defined as entities in certain critical infrastructure sectors, to...more
4/10/2024
/ Comment Period ,
Covered Entities ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Proposed Rules ,
Ransomware ,
Reporting Requirements
The U.S. Department of Defense recently issued its 2024 Defense Industrial Base (“DIB”) Cybersecurity Strategy. The purpose is to provide actionable items that both the DoD and defense contractors can use. In implementing the...more
The Office of Management and Budget (OMB) has issued a Request for Information (RFI) seeking public input on ensuring the responsible procurement of artificial intelligence (AI) systems and services by federal agencies. This...more
On Friday, March 29, the U.S. Department of Treasury published new FAQs that address the eligible uses of State and Local Fiscal Recovery Funds by Tribal Governments.
The American Rescue Plan Act provided $350 billion to...more
The final regulations are effective on May 10, 2024.
Last week, the Department of the Treasury issued final regulations that address the Elective Pay program (also called direct pay), predominantly under Internal Revenue...more
3/19/2024
/ Comment Period ,
Eligibility ,
Final Rules ,
Internal Revenue Code (IRC) ,
IRS ,
Joint Ownership ,
Opt-Outs ,
Partnerships ,
Regulatory Agenda ,
Regulatory Requirements ,
Tax Credits ,
U.S. Treasury
On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more
3/18/2024
/ 8(a) Program ,
Business Development ,
Commercial Litigation ,
Constitutional Challenges ,
Eligibility ,
Equal Protection ,
Ethnicity ,
Federal Contractors ,
Minority-Owned Businesses ,
Preliminary Injunctions ,
SBA
On January 25, 2021, President Biden issued Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” The order contemplated a series of actions to maximize consumption of domestic...more
On December 26, the Department of Defense issued its proposed rule for the Cybersecurity Maturity Model Certification (CMMC) 2.0 program, which covers federal contracts (including defense contracts) and, by extension,...more
Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 was filed in the United States District Court for the Eastern District of Kentucky to challenge the federal Department of...more