News & Analysis as of

Federal Contractors Department of Transportation (DOT)

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

Fox Rothschild LLP

Supreme Court Broadly Interprets Wire Fraud Liability

Fox Rothschild LLP on

On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not result in any economic loss for the victim. This holding expands the...more

Cozen O'Connor

Is this the End of the Small Business Set Aside Programs? DOT Issues New Guidance Letter

Cozen O'Connor on

On April 24, 2025, the U.S. Department of Transportation (DOT) Secretary, Sean P. Duffy, issued a guidance letter to all grant recipients of DOT funding, notifying them of: 1. The DOT’s new interpretations of...more

Ward and Smith, P.A.

Restoring Western North Carolina’s Infrastructure: NCDOT Receives $250 Million in Federal Emergency Relief Funds

Ward and Smith, P.A. on

Of this funding, the North Carolina Department of Transportation (NCDOT) will receive $250 million to repair damaged roadways and bridges, including Interstate 40. Another $32.6 million will be split between the U.S. Forest...more

Schwabe, Williamson & Wyatt PC

‎90-Day Stay Requested in Mid-America Milling Co. v. U.S. DOT

The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more

Nossaman LLP

FHWA Rescinds Longstanding Buy America Waiver for Manufactured Products

Nossaman LLP on

On January 14, 2025, the Federal Highway Administration (FHWA) announced a new final rule to end its longstanding waiver of Buy America requirements for “manufactured products” used in Federal-aid highway projects....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

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

Wiley Rein LLP

FHWA Rescinds Longstanding Buy America Waiver for “Manufactured Products”

Wiley Rein LLP on

WHAT: On January 14, 2025, less than a week before President Biden left office, the U.S. Department of Transportation’s Federal Highway Administration (FHWA) published a final rule updating its Buy America rules to rescind...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

Winstead PC

Is DBE Contracting the Next to Fall After Affirmative Action?

Winstead PC on

In a significant ruling that could reshape federal contracting, a federal district court in the Eastern District of Kentucky has granted a preliminary injunction against key aspects of the United States Department of...more

Potomac Law Group, PLLC

Federal Highway Administration Releases Guidance for DBE Program After Federal Injunction

Potomac Law Group, PLLC on

In late September, a federal judge entered a preliminary injunction to partially blog the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of my blog on that decision can...more

Clark Hill PLC

Transportation's Disadvantaged Business Enterprise Program Violates Fifth Amendment's Guarantee of Equal Protection, Court Says

Clark Hill PLC on

In an effort to increase participation by disadvantaged business enterprises in projects funded by federal transportation grants, received by certain state departments of transportation (DOT), Congress enacted the U.S....more

Potomac Law Group, PLLC

The Court Extends and Clarifies the Injunction Barring DBE Program

In late September, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program....more

Benesch

InterConnect Newsletter - Q3 2024

Benesch on

We are now in the era of freedom of contract in the logistics arena. While contracts provide many protections to contracting parties, they can also be used offensively, to affirmatively protect legal rights. There are many...more

Potomac Law Group, PLLC

The Top Five Things Disadvantaged Business Enterprises (DBE) Should Know When Taking On Investors

Potomac Law Group, PLLC on

As many business owners recognize, growing your business is expensive. Disadvantaged Business Enterprise (DBE) owners need to keep the USDOT regulations in mind when raising funds from investors, including private equity...more

Robinson+Cole Construction Law Zone

USDOT’S DBE Program Blocked in Kentucky and Indiana

The end of the U.S. Department of Transportation’s (USDOT) Disadvantaged Business Enterprise (DBE) program is getting closer. The DBE program presumes women and minority-owned firms are disadvantaged and sets goals for them...more

Potomac Law Group, PLLC

DBE Program Partially Blocked After Legal Challenge

Potomac Law Group, PLLC on

Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more

Potomac Law Group, PLLC

What DBE Owners Need to Know About Delegation

If you own a business and want to qualify as a socially and economically disadvantaged owner (SEDO) for the U.S. Department of Transportation's Disadvantaged Business Enterprise (DBE) or Airport Concession Disadvantaged...more

Schwabe, Williamson & Wyatt PC

Unraveling the Latest District Court Decision on DOT’s DBE Program

As we have previously discussed, a case filed in the Federal District Court for the Eastern District of Kentucky, Mid-America Milling Company, LLC, et. al. v. U.S. Department of Transportation, et. al., Case No. 3:23-cv-72,...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 9, September 2024

Welcome to our ninth issue of 2024 for our construction industry insights e-newsletter - The Site Report. Building Code Legislation Becomes Law - Why this is important: Senate Bill 166, 2024 Building Code Regulatory...more

Nossaman LLP

Federal Court Issues Preliminary Injunction Based on Plaintiffs’ Challenges to the USDOT’s DBE Program

Nossaman LLP on

On September 23, 2024, the United States District Court for the Eastern District of Kentucky issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al., No....more

Potomac Law Group, PLLC

Prompt Payment Requirements for DBEs and ACDBEs

If you are a business owner who performs work on contracts as a Disadvantaged Business Enterprises (DBEs) or Airport Concession Disadvantaged Business Enterprises (ACDBEs), you should be aware of some significant changes to...more

Potomac Law Group, PLLC

How to Determine Whether Your Company Meets the Size Limitations for the DBE and ACDBE Programs

Are you a business owner who wants to participate in the Disadvantaged Business Enterprise (DBE) or Airport Concession Disadvantaged Business Enterprise (ACDBE) programs? If so, you need to know how the U.S. Department of...more

Potomac Law Group, PLLC

What is a Disadvantaged Business Enterprise Summary Suspension?

If you are a business owner who is certified as a Disadvantaged Business Enterprise (DBE) or an Airport Concession Disadvantaged Business Enterprise (ACDBE) by the U.S. Department of Transportation (DOT), you should be aware...more

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