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California Defense Contractor and Private Equity Firm Agree to Pay $1.75M to Resolve False Claims Act Liability Relating to...

On July 31, 2025, the U.S. Department of Justice (“DOJ”) announced a $1.75 million False Claims Act (“FCA”) settlement with Aero Turbine Inc. (“Aero Turbine”), a California-based defense contractor, and private equity firm...more

Supreme Court Declines to Narrow Reach of Federal Fraud Law

On May 22, 2025, the Supreme Court published its opinion in Kousisis v. United States, No. 23-909, 605 U.S. __ (2025), holding that one who induces a victim to enter into a transaction under materially false pretenses may be...more

Executive Order Initiates Commercial Focus in Federal Procurement Reform

On April 16, 2025, the Trump Administration issued an Executive Order titled “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” which establishes the Administration’s policy of procuring “commercially ...more

Federal Court Temporarily Blocks Parts of Executive Orders Impacting DEI in Government Contracting

On Feb. 20, 2025, Judge Adam B. Abelson of the U.S. District Court for the District of Maryland (Baltimore) issued a preliminary injunction enjoining aspects of the enforcement of two executive orders signed by President...more

New Executive Order Revokes Executive Order 11246 and Targets Employer DEI Efforts

On Jan. 22, 2025, President Donald Trump issued a new executive order titled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity,” which revoked Executive Order 11246 and directs federal enforcement agencies...more

GAO Rules Air Force Contractor Can Meet Certification Requirements via Merger

On Nov. 13, 2024, the U.S. Government Accountability Office (GAO) sustained a protest by DecisionPoint Corp. finding that the U.S. Department of the Air Force improperly rejected DecisionPoint’s proposal for an $83 million...more

SBA Proposed Rule Expands “Rule of Two” to Multiple-Award Contracts

The U.S. Small Business Administration (SBA) issued a proposed rule on Oct. 24, 2024, expanding federal agencies’ ability to give preference to small businesses on task and delivery orders issued under multiple-award...more

DoD Issues Final CMMC Framework for Defense Contractors

After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32...more

OFCCP Acting Director Hodge Outlines Enforcement for Federal Contractors

Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge spoke on July 30, 2024, to a live audience at the 2024 National Industry Liaison Group (NILG) Conference in Orlando, Florida. As part of her...more

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors

It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal...more

New Regulations Increase Risk of OFCCP Systemic Discrimination Allegations

On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal...more

DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information

On June 21, 2023, the U.S. Department of Homeland Security (DHS) issued a long-anticipated cybersecurity final rule (DHS Final Rule), which revises an existing clause and adds two new clauses to the Homeland Security...more

Supreme Court Clarifies the False Claims Act’s Knowledge Requirement, Eliminating a Potential Defense for Government Contractors...

On June 1, 2023, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs (referred to as “relators”) in consolidated False Claims Act (“FCA”) cases in a decision that clarified the application of the FCA’s...more

Navigating the Debt Ceiling: Legal Issues for Federal Contractors

With congressional leaders and the Biden administration still in negotiations over raising the nation’s debt ceiling, unless Congress acts quickly, there is a reasonable likelihood the United States could run out of money to...more

Federal Court Upholds Federal Contractor Minimum Wage Increase

On Jan. 6, 2023, the U.S. District Court for the District of Arizona upheld President Joe Biden’s authority to issue an Executive Order (EO) increasing the minimum wage for federal contractors and subcontractors to $15 per...more

Government Contractor Vaccine Mandate Remains Paused, Pending Guidance

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, as...more

Eleventh Circuit Narrows Scope of Contractor Vaccine Mandate Injunction

Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, the U.S....more

Department of Labor Proposes Rule Granting Government Contractor Employees Right of First Refusal

On July 15, 2022, the U.S. Department of Labor issued a Notice of Proposed Rulemaking (NPRM) that would require successor contractors to offer employees of predecessor contractors the first right of refusal for employment on...more

Federal “Ban the Box” Regulations Proposed

The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will...more

Largest-Ever Small-Business Contracting Fraud Settlement Related to Pass-Through Subcontracting

Federal contractors should take note of a recent, record-setting False Claims Act (FCA) settlement between the Department of Justice (DOJ) and TriMark USA LLC involving alleged fraud with respect to small-business set-aside...more

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more

Federal Fair Chance Act Will Soon Require Federal Contractors to “Ban the Box”

In December 2021, covered federal contractors may start seeing new or amended solicitations and contract clauses that prohibit them from inquiring into job applicants’ criminal backgrounds. The federal Fair Chance to Compete...more

Judge Issues Nationwide Injunction Halting Federal Contractor Vaccine Mandate

On Dec. 7, 2021, the U.S. District Court for the Southern District of Georgia granted a motion for preliminary injunction in State of Georgia v. Biden, temporarily halting enforcement of President Biden’s federal contractor /...more

Judge Temporarily Halts Enforcement of Federal Contractor Vaccine Mandate in Three States

On Nov. 30, 2021, the U.S. District Court for the Eastern District of Kentucky granted a motion for preliminary injunction in Commonwealth of Kentucky, et al. v. Biden, et al., finding that President Biden’s broad authority...more

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