The recent United States Supreme Court decisions in Loper Bright Enterprises, overruling Chevron, as well as Jarkesy and Corner Post will have a significant impact on how regulated industries will conduct business going...more
8/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SEC v Jarkesy ,
Securities Fraud ,
Seventh Amendment ,
Statute of Limitations ,
Statutory Authority ,
Statutory Interpretation ,
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As we’ve discussed in two prior legal updates, on Aug. 18, the U.S. Small Business Administration released official guidance on next steps for current 8(a) Participants and new applicants to the 8(a) Program after the U.S....more
As stated in our prior legal alert, on July 19, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration from using a rebuttable presumption of social disadvantage in...more
On Aug. 9, President Biden issued Executive Order 14105 directing the Secretary of the Treasury to establish a new program to address U.S. investments in certain national security technologies in “Countries of Concern.” The...more
On July 19, the U.S. District Court for the Eastern District of Tennessee found unconstitutional the Small Business Administration’s 8(a) Program regulations which establish a rebuttable presumption of social disadvantage for...more
On June 2, the Federal Acquisition Regulation Council published an interim rule prohibiting federal contractors from using TikTok on government devices or devices provided by a contractor under a contract. The interim rule...more
Many federal contractors may soon be required to evaluate and disclose their greenhouse gas emissions and climate-related financial risk. The proposed rule to implement these new requirements has not yet been published, but...more
A federal judge has granted the Associated Builders and Contractors’ (“ABC”) Motion for Preliminary Injunction, enjoining the Federal Government nationwide from enforcing President Biden’s vaccine mandate for federal...more
On Nov. 1, the Administration’s Safer Federal Workforce Task Force released updated Frequently Asked Questions (FAQs) regarding the interpretation and implementation of the Task Force’s Guidance for Federal Contractors and...more
As discussed in our prior alert, most federal contractors will soon see a new Federal Acquisition Regulation (“FAR”) clause 52.223-99 mandating COVID-19 vaccinations and safety protocols included in their future federal...more
On Oct. 12, the U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) sent its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard Rulemaking (ETS) to the White...more
Most federal contractors will soon see a new Federal Acquisition Regulation (“FAR”) clause mandating COVID-19 vaccinations and safety protocols included in their future federal solicitations and contracts. The following is a...more
Federal contractors will soon see new provisions concerning COVID-19 safety protocols included in most new and renewed Federal contracts. The following is a brief initial overview of what contractors should expect and when. ...more
The Treasury Department continues to roll out new guidance on the CARES Act and the Paycheck Protection Program. In a recent update regarding PPP loan eligibility, the Department explained that a business can qualify for a...more
As observed in prior client alerts, the spread of COVID-19 is and will create unique challenges for companies doing business with the Federal Government. ...more
On March 16, 2020, the President issued “Guidelines for America” which outlined multiple steps that individuals and organizations should take to slow the spread of the coronavirus....more
The U.S. Government Accountability Office (“GAO”) announced that, beginning May 1, 2018, bid protests with the GAO must be submitted electronically through its new electronic bid protest docketing system. Along with this new...more
On March 27, 2017, President Trump signed legislation, under the Congressional Review Act, blocking regulations and guidance governing Executive Order 13673, "Fair Pay and Safe Workplace," commonly called the "Blacklisting"...more
On August 24, 2016, the Department of Labor (DOL) issued guidance on Executive Order 13673, Fair Pay and Safe Workplaces. The Executive Order requires federal contractors and subcontractors to report violations of 14 federal...more
Government Contractors should be aware that the General Services Administration ("GSA") is taking a more aggressive approach to policing Contractor compliance with the Trade Agreements Act ("TAA") among GSA Schedule contract...more