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DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...more

“Illegal DEI”: Key Considerations for Higher Education and the Private Sector in the New Administration

On January 21, 2025, President Trump issued Executive Order (EO) 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The EO raises significant new considerations for private companies and...more

EEOC & DOJ Issue Guidance to Workers on Discrimination Related to DEI Programs

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ), jointly issued technical assistance documents “focused on educating the public about unlawful discrimination...more

Fourth Circuit Stays Preliminary Injunction of DEI-Focused Executive Order Provisions

WHAT: The U.S. Court of Appeals panel has stayed a preliminary injunction that the U.S. District Court for the District of Maryland had issued covering parts of two Executive Orders: EO 14151, “Ending Radical and Wasteful...more

FTC Announces New Labor Market Task Force and Prioritizes Worker Protections

On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a memorandum directing the FTC to form a Joint Labor Task Force to prioritize efforts to combat deceptive, unfair, and anti-competitive...more

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

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

Impacts of New DEI Executive Order Extend Beyond Federal Government to Private Sector

On January 21, 2025, President Trump issued an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” This EO raises significant new considerations for companies across the United...more

Fifth Circuit Overturns SEC Approval of Nasdaq’s Board Diversity Rules

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair...more

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

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