News & Analysis as of

False Claims Act (FCA) Compliance Anti-Discrimination Policies

McCarter & English Blog: Government Contracts...

Through the Looking Glass: Shifting DEI Standards Expose Contractors to False Claims Act Risk

There is a growing sense of confusion and unease among many federal contractors and grant recipients in these early days of the second Trump administration. In a time when some agencies face dislocation and downsizing (or, as...more

Partridge Snow & Hahn LLP

Federal Contractors Advised to Make Changes to Their DEI Programs

Federal contractors need to take note of two Executive Orders impacting their employee Diversity Equity and Inclusion (“DEI”) programs.  Unlike the recent EEO and DOJ guidance regarding employer DEI initiatives applying to...more

Balch & Bingham LLP

Navigating DEI Certification: What Federal Contractors Need to Know

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Under Executive Order 14173, federal contractors are required to certify that their Diversity, Equity, and Inclusion (DEI) programs comply with all applicable federal anti-discrimination laws. This certification must be...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Adler Pollock & Sheehan P.C.

Guidance on DEI for Federal Contractors and Grant Recipients

Many federal contractors and grant recipients are seeking guidance regarding Diversity, Equity and Inclusion (“DEI”) in the wake of the Fourth Circuit Court of Appeals upholding President Trump’s Executive Orders on DEI (“DEI...more

Nossaman LLP

UPDATED: New Transportation Secretary Gets to Work with New Directives

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February 24, 2025 Update (Diversity, Equity, and Inclusion) - The evening of February 21, 2025, Judge Adam B. Adelson, United States District Judge for the District of Maryland, issued a preliminary injunction enjoining...more

Husch Blackwell LLP

Federal Court Issues Preliminary Injunction Enjoining Key Portions of Anti-DEI Executive Orders

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Our prior alert on President Trump’s executive order revoking Executive Order 11246 addressed the certification, investigation, and other legal risks posed and related private sector impact on DEI programs. On February 21,...more

Paul Hastings LLP

Federal Contractors With DEI Policies at Increased Risk of False Claims Act Liability

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President Donald Trump has signed more than 60 executive orders since taking office, including Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO 14173 or the Executive...more

Snell & Wilmer

U.S. and State Attorneys General Indicate Readiness to Bring DEI Enforcement Actions

Snell & Wilmer on

In the latest developments in the DEI policy chronicles, on the same day she was sworn into office, U.S. Attorney General Pam Bondi issued a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and Preferences.”...more

Berkshire

Sixteen State Attorneys General: “DEI Best Practices Are Not Illegal”

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The Attorneys General of Massachusetts and Illinois, joined by the Attorneys General of 14 other states (Arizona, California, Connecticut, Delaware, Hawaii, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, Oregon,...more

Proskauer - Government Contractor Compliance...

DEI and Government Contractors: A High-Stakes Shift

While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action...more

Cozen O'Connor

AG Memorandum Instructs DOJ to Investigate and Eliminate Illegal DEI Initiatives in Light of EO 14173

Cozen O'Connor on

As discussed in a recent Cozen O’Connor Alert, Diversity, Equity and Inclusion (DEI) has been at the top of President Trump’s mind, so much so that he recently issued an executive order effectively ending the use of DEI in...more

Davis Wright Tremaine LLP

New Administration Outlook: What Should Federal Contractors Do With Their DEI Programs?

Recipients of federal funding now have broad mandates but little guidance from the Trump Administration about employer DEI programs. Trump's new Executive Order "Ending Illegal Discrimination and Restoring Merit-Based...more

Mintz - Employment Viewpoints

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their...more

Foley Hoag LLP

Understanding the False Claims Act Implications of President Trump’s Diversity, Equity, and Inclusion-related Executive Orders

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I. Scope of Executive Order 14173 - Executive Order 14173, issued on January 21, 2025, aims to end illegal discrimination and restore merit-based opportunities by ceasing diversity, equity, and inclusion (DEI) policies,...more

Foley & Lardner LLP

How Risky Are DEI Programs Under Trump 2.0?

Foley & Lardner LLP on

President Trump’s January 21, 2025, executive order titled “Ending Discrimination and Restoring Merit-Based Opportunity” (“Executive Order”) directs the termination of federal government practices and policies that protect...more

Bracewell LLP

Using the False Claims Act to Police Federal Contractors’ Employment Practices

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Two recent events — one settlement and one executive order — have heightened the risk that the False Claims Act (FCA) will be used as a tool to enforce the employment obligations of companies doing business with the federal...more

Wiley Rein LLP

New Executive Order Rescinds EO 11246; Directs Changes to Nondiscrimination Landscape for Federal Contractors and Grantees

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On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Consistent with the EO titled “Ending Radical and Wasteful Government DEI...more

Amundsen Davis LLC

President Trump Dumps Affirmative Action Obligations Based On Gender, Race, and Sexual Preferences. What Does This Mean for...

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On the heels of ordering federal diversity, equity, and inclusion (DEI) employees to be placed on paid leave, on January 21, 2025, President Trump revoked Executive Orders (“EO”) 11246 and 13672....more

Foley & Lardner LLP

International Trade, Enforcement & Compliance Recent Developments Update (November 16, 2023)

Foley & Lardner LLP on

Did you know that whistleblowers can use the False Claims Act to get the U.S. Government to investigate allegations of lost revenue to the U.S. Treasury, including underpaid Customs tariffs? A large importer recently found...more

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