News & Analysis as of

Confidential Information Federal Contractors

Frantz Ward LLP

DOL Continues to Expand Oversight Over Employers with Artificial Intelligence Guidance

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On April 29, 2024, in response to an Executive Order issued by President Biden last October, the Office of Federal Contract Compliance Programs (“OFCCP”) of the U.S. Department of Labor issued guidance to federal contractors...more

Bass, Berry & Sims PLC

NIST Releases Public Draft of Revised Guidelines Aimed at Helping Contractors Protect Sensitive Information

Bass, Berry & Sims PLC on

On May 10, the National Institute of Standards and Technology (NIST) released its initial public draft of SP 800-171, Revision 3, a set of updated guidelines aimed at helping organizations better handle confidential...more

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

Venable LLP on

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

Jenner & Block

Government Contracts Legal Round-Up - February 2023 Issue 3

Jenner & Block on

FOIA - Citizens for Responsibility and Ethics in Washington v. United States, No. 21-5276 (D.C. Cir. January 31, 2023) The DC Circuit clarified what information an agency may properly withhold under FOIA’s Exemption...more

Littler

OFCCP Sued to Compel Release of EEO-1 Data

Littler on

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more

PilieroMazza PLLC

OFCCP Extends Deadline for EEO-1 Data FOIA Objections

PilieroMazza PLLC on

The Office of Federal Contract Compliance Programs (OFCCP) extended the deadline from September 19, 2022, to October 19, 2022, for government contractors to object to OFCCP’s possible release of the contractors’ Type 2...more

Jackson Lewis P.C.

BREAKING NEWS: OFCCP Extends Deadline to October 19 to File Responses to EEO-1 FOIA Notice

Jackson Lewis P.C. on

OFCCP has announced it is extending the deadline for contractors to respond to the Agency’s August 19, 2022 Notice of Request Under the Freedom of Information Act for Federal Contractors’ Type 2 Consolidated EEO-1 Report...more

McCarter & English Blog: Government Contracts...

Attention Federal Contractors and First-Tier Subcontractors: Your EEO-1 Reports May Be Responsive to an OFCCP FOIA Request, and...

According to the Office of Federal Contract Compliance Programs (OFCCP), since 2019, Will Evans, a reporter for the Center for Investigative Reporting, has sought the Employment Information Report (EEO-1) data of federal...more

CDF Labor Law LLP

OFCCP Revises Directive on Federal Contractors’ Compliance with “Pay Equity Audits”

CDF Labor Law LLP on

On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require...more

Polsinelli

Going Public With It – OFCCP Publishes Notice Regarding FOIA Request for All Type 2 Consolidated EEO-1 Reports – and Sets...

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On August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will Evans, a...more

Husch Blackwell LLP

OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential...

Husch Blackwell LLP on

Federal contractors and subcontractors who filed Type 2 EEO-1 Reports for the years 2016-2020 are advised that the Office of Federal Contract Compliance Programs (OFCCP) intends to release the data from such filed EEO-1...more

Fisher Phillips

OFCCP is Poised to Release Your Confidential Demographic Data: What Can Federal Contractors Do to Protect Your Information?

Fisher Phillips on

If you are a federal contractor or first-tier subcontractor, you probably received a notice from the government last week letting you know that it was gearing up to turn over your confidential demographic information to a...more

Epstein Becker & Green

FOIA Request May Disgorge Thousands of Federal Contractor EEO-1 Reports – Deadline to Object Is September 19, 2022

Epstein Becker & Green on

On August 18, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced that it had received a Freedom of Information Act (“FOIA”) request from the Center for Investigative Reporting...more

PilieroMazza PLLC

Action Required: Federal Contractor Data at Risk of Public Disclosure

PilieroMazza PLLC on

On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice to contractors about a Freedom of Information Act (FOIA) request from the Center for Investigative...more

Foley & Lardner LLP

OFCCP May Blow the Lid on Employers’ Workforce Data

Foley & Lardner LLP on

Given the fact many automotive companies and their first and second tier suppliers are federal government contractors, they should be aware of a recent announcement from the Office of Federal Contract Compliance Programs...more

Littler

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

Littler on

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Issues 30-Day FOIA Notice to Contractors and Subcontractors

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued unpublished notice of a broad Freedom of Information Act (FOIA) request that impacts the federal contracting community. An investigative...more

PilieroMazza PLLC

[Webinar] Protecting Your Confidential Information: FOIA Exemption 4 for Government Contractors - September 15th, 2:00 pm - 3:00...

PilieroMazza PLLC on

The Freedom of Information Act allows government agencies to release any record in their possession unless one of nine exemptions applies. Exemption #4—the focus of this webinar—protects information considered “trade secrets...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – February 2022

PilieroMazza PLLC on

DOJ Recovers Over $5.6 Billion From Fraud and False Claims Act Matters in FY 2021: 6 Key Takeaways - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it had recovered more than $5.6 billion in Fiscal...more

PilieroMazza PLLC

Three’s Company: Court Decisions Clarify Company’s Role in FOIA Litigation Over Possible Release of Confidential Information

PilieroMazza PLLC on

Two recent appeals court decisions highlight a company’s role in Freedom of Information Act (FOIA) litigation challenging the government’s decision to withhold the company’s information from public release. These types of...more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

Epstein Becker & Green on

This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Dunlap Bennett & Ludwig PLLC

Bid Protests – Filing an Agency Level Protest

There are three forums that hear bid protests – the agency conducting the procurement, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC). Click here for further information on where...more

Society of Corporate Compliance and Ethics...

[Webinar] The Bid War: Navigating the Compliance Battlefield in Government Bids - May 18th, 12:00 pm - 1:30 pm CDT

Learning Objectives: - What are the bidding rules and where do you find them? (E.g., there are the rules in the bid/issuing agency rules, there are the local jurisdiction rules, and there are the funder rules.) -...more

Dunlap Bennett & Ludwig PLLC

Bid Protests – What is a Protective Order?

Oftentimes bid protests contain the protester’s highly sensitive and confidential company information, the release of which would cause competitive harm to the protester....more

Akin Gump Strauss Hauer & Feld LLP

CMMC and the Three “Cs”: Cost, Conflicts and Competition

A. Introduction and Key Take-Aways - The Department of Defense’s (DOD) Cybersecurity Maturity Model Certification (CMMC) program provides a metric for independent third parties to use in assessing and certifying the...more

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