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DBE Program

Nossaman LLP

EPA Updates WIFIA Program Requirements

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The U.S. Environmental Protection Agency (EPA) has updated the federal requirements for the Water Infrastructure Finance and Innovation Act (WIFIA) Program through more than a dozen changes to the WIFIA Borrower Guide to...more

Parker Poe Adams & Bernstein LLP

Implications for Government Contractors After New AG Memo Defines 'Unlawful Discrimination' in Federal Funding

President Donald Trump’s stance on diversity, equity, and inclusion (DEI) is taking further shape and is likely to cause challenges for individuals and companies in the government contracting space....more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 6, June 2025

Welcome to our sixth issue of The Site Report for 2025! In this edition, we address Pennsylvania and Amazon's newest data center project, one of North Carolina’s largest-ever economic development announcements, how the...more

Cozen O'Connor

Republican AGs Call for End to Federal DBE Program

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20 Republican AGs filed an amicus brief in support of a proposed consent order that would end federal enforcement of the Disadvantaged Business Enterprise program (DBE), which requires federal transportation fund recipients...more

B2Gnow

The Compliance Advantage: Unlocking Success in Airport Infrastructure

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The horizon for airport development is brighter than ever, fueled by substantial investments from the federal, state, and local governments. From ambitious terminal upgrades to crucial runway extensions and improved ground...more

Schwabe, Williamson & Wyatt PC

Intervenors Oppose DOT DBE Consent Order in Mid-America Case

In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the Plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more

Troutman Pepper Locke

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

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On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

Saul Ewing LLP

Supreme Court Clarifies Fraudulent-Inducement Theory Under Wire Fraud Statute in Kousisis v. United States

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Case Summary - In Kousisis v. United States, the Supreme Court addressed whether a defendant can be convicted under the federal wire fraud statute without causing the victim a net pecuniary loss....more

Constangy, Brooks, Smith & Prophete, LLP

The demise of disadvantaged business enterprises

The U.S. DOT agrees to end contract goals for DBEs. In 1983, Congress enacted the Disadvantaged Business Enterprise Program, which requires that the Department of Transportation spend ten percent of federal highway...more

Schwabe, Williamson & Wyatt PC

DOT’s DBE Program Faces Major Overhaul After Lawsuit Settlement Proposal

In Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072 (“Mid-America”), the Plaintiffs challenged the United States Department of Transportation’s (“DOT”) use of a rebuttable...more

PilieroMazza PLLC

DBE Program in Peril: Recent Legal Challenges and What They Mean for Women- and Minority-Owned Contractors

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Recent legal challenges jeopardize the future of the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program, a long-standing initiative designed to support minority- and women-owned businesses in...more

Schwabe, Williamson & Wyatt PC

Court Upholds Rights of DBE Supporters to Intervene

On September 23, 2024, in Mid-America Milling Company et. al. v. United States Department of Transportation, et. al., Case No. 3:23-cv-00072, the United States District Court for the Eastern District of Kentucky (the...more

Foley & Lardner LLP

Supreme Court Clarifies Scope of Federal Fraud Statutes in Connection with False DBE Reporting on Federally Funded Projects

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Share on Twitter Share by Email Share Back to top On May 22, 2025, the U.S. Supreme Court issued a significant decision in Kousisis v. United States, affirming a six-year prison sentence for a contractor convicted of federal...more

Potomac Law Group, PLLC

Federal Government Halts Disadvantaged Business Enterprise (DBE) Appeal Decisions

After the government issued the new Disadvantaged Business Enterprise regulations in April 2024, many folks have been waiting to see how the U.S. Department of Transportation’s DBE program office will interpret the new...more

Potomac Law Group, PLLC

Alternatives to Federal Diversity Certifications: LGBTBE Certification

As a result of the federal government’s clear directives against Diversity, Equity, and Inclusion that put the Disadvantaged Business Enterprise (“DBE”), 8(a) Business Development Program, Woman-Owned Small Business (“WOSB”),...more

Potomac Law Group, PLLC

Alternatives to Federal Diversity Certifications: Minority Business Enterprise Certifications

As a result of the federal government’s clear directives against Diversity, Equity, and Inclusion that put the Disadvantaged Business Enterprise (“DBE”), 8(a) Business Development Program, Woman-Owned Small Business (“WOSB”),...more

Schwabe, Williamson & Wyatt PC

OP-ED: Executive Orders Cannot Eliminate USDOT’s DBE Program

Within hours of taking office, President Trump executed two executive orders aimed at rescinding former President Biden’s Diversity, Equity, and Inclusion (DEI)-focused orders. Trump’s orders reached beyond actions by the...more

Potomac Law Group, PLLC

Current Status of Legal Challenge to the DBE Program

I have previously blogged about the legal challenge to the DBE program taking place in the United States District Court for the Eastern District of Kentucky, where several non-DBE firms are challenging the constitutionality...more

Clark Hill PLC

Administrative Law Report - February 2025, Vol. 4

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed....more

Snell & Wilmer

What President Trump’s Executive Orders Could Mean for the Disadvantaged Business Enterprise Program

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Since taking office, President Donald Trump has enacted two Executive Orders aimed at eliminating diversity, equity, and inclusion (DEI) and diversity, equity, inclusion, and accessibility (DEIA) programs from all aspects of...more

Perkins Coie

SCOTUS Seems Torn in Tangling With Fraudulent Inducement Theory of Federal Fraud Statutes

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On December 9, 2024, the Supreme Court of the United States heard oral argument in Kousisis v. United States. The case squarely assesses the validity of the “fraudulent inducement” theory of mail and wire fraud under federal...more

Schwabe, Williamson & Wyatt PC

New Executive Orders Banning DEI Initiatives Spur DBE Contractors to Take ‎Action Into Their Own Hands

Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more

Schwabe, Williamson & Wyatt PC

Potential Impacts of Trump’s DEI Executive Order on SBAs, Alaska Native Corporations, ‎and Tribes

On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.” The order states that it ends “all discriminatory and illegal preferences,...more

Potomac Law Group, PLLC

Coalition of Organizations and Businesses Challenges Injunction Against the Disadvantaged Business Enterprise Program

On Friday, January 24, 2025, the National Association of Minority Contractors (“NAMC”); Women First National Legislative Committee; Airport Minority Advisory Council (“AMAC”); Women Construction Owners & Executives, Illinois...more

Potomac Law Group, PLLC

A Status Update on Pending Legal Challenges to Federal Government Contracting Diversity Programs

As many of you know, federal contracting programs aimed at leveling the playing field for diverse and women-owned businesses have been under legal attack. An incredible number of small businesses rely heavily on these...more

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