On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more
6/24/2025
/ Ames v Ohio Department of Youth Services ,
Employment Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Judicial Authority ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Statutory Interpretation ,
Title VII
On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more
6/12/2025
/ Civil Rights Act ,
Colleges ,
Compliance ,
Department of Justice (DOJ) ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
HUD ,
Qui Tam ,
Reverse Discrimination ,
Title IX ,
Title VI ,
Trump Administration ,
Universities ,
Whistleblowers
We have seen, a mere few months into President Trump’s second term, a remarkably transformational set of priorities across the federal government, which have had dramatic impacts on the private sector generally and public...more
6/10/2025
/ Affirmative Action ,
Board of Directors ,
Corporate Governance ,
Diversity ,
Executive Orders ,
Federal Funding ,
Greenwashing ,
Inflation Reduction Act (IRA) ,
International Trade ,
Investors ,
Judicial Authority ,
Proxy Advisors ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Regulatory Reform ,
Risk Management ,
Supply Chain ,
Tariffs ,
Tortious Interference ,
Trump Administration ,
US Trade Policies
On February 21, 2025, a federal judge issued a nationwide preliminary injunction that partially prevents the Trump administration from enforcing its executive orders on diversity, equity and inclusion (“DEI”). At issue were...more
Companies with forthcoming annual report and proxy statement filings should consult with counsel regarding recent regulatory and legal developments related to diversity, equity and inclusion (“DEI”) initiatives and the...more
1/31/2025
/ Affirmative Action ,
Board of Directors ,
Corporate Governance ,
Disclosure Requirements ,
Diversity ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Nasdaq ,
Proxy Season ,
Reporting Requirements ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Trump Administration
On January 21, 2025, President Donald Trump issued an Executive Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Executive Order” which significantly impacts not only requirements...more
Agencies Advised Not to Terminate Contractors Who are “Working in Good Faith and Encounter Challenges”; More States Sue to Enjoin EO 14042...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
News outlets have run wild with coverage of President Biden’s July 9, 2021 Executive Order (the “EO”), encouraging the Chair of the Federal Trade Commission (“FTC”) to work with the “rest of the Commission” to “curtail the...more
On March 12, 2021, OSHA established a 12-month long “National Emphasis Program,” effecting an immediate emphasis on the enforcement of safety standards associated with COVID-19. The “COVID-19 NEP” also creates “an added...more
4/9/2021
/ Coronavirus/COVID-19 ,
Enforcement ,
Executive Orders ,
Health and Safety ,
Inspections ,
Joe Biden ,
NEP ,
Occupational Exposure ,
OSHA ,
Retaliation ,
Whistleblowers ,
Workplace Safety