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False Claims Act (FCA) Diversity and Inclusion Standards (D&I) Affirmative Action

Cooley LLP

DEI Under the Microscope: What Employers Should Know About Recent Developments

Cooley LLP on

There have been recent developments in the continually evolving legal landscape for employers utilizing diversity, equity and inclusion (DEI) programs and policies. Below is a brief overview of those recent developments and...more

Wiley Rein LLP

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

Wiley Rein LLP on

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

Stevens & Lee

Does Your DEI Program Violate the False Claims Act?

Stevens & Lee on

On May 19, 2025, the DOJ announced the establishment of the “Civil Rights Fraud Initiative,” which seeks to use the False Claims Act (FCA) to investigate, and possibly take civil action against, recipients of federal funds...more

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

Carlton Fields

DOJ Forms Civil Rights Fraud Initiative: A New Branch of False Claims Act Enforcement

Carlton Fields on

On May 19, 2025, U.S. Deputy Attorney General Todd Blanche announced the formation of a Civil Rights Fraud Initiative “to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly...more

Troutman Pepper Locke

The False Claims Act Enters the School Zone

Troutman Pepper Locke on

On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI)...more

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Morrison & Foerster LLP

DOJ Creates Initiative to Pursue Aggressive False Claims Act Enforcement Against DEI Programs and Civil Rights Violations

On May 19, 2025, the U.S. Deputy Attorney General issued a memorandum (the “Memo”) announcing a Civil Rights Fraud Initiative (the “Initiative”) and instructing the U.S. Department of Justice (“DOJ”) to pursue False Claims...more

ArentFox Schiff

DOJ Announces Plan to Use the FCA to Tackle DEI

ArentFox Schiff on

On May 19, the US Department of Justice (DOJ) announced a novel use of the False Claims Act (FCA) to enforce Trump Administration policies against antisemitism, gender identity and expression, and diversity, equity, and...more

Patterson Belknap Webb & Tyler LLP

Trump Administration Announces False Claims Act Investigation Into Harvard

On May 15, 2025, the New York Times reported that the Trump Administration has opened a False Claims Act (“FCA”) investigation into Harvard University’s admissions procedures. Michael C. Bender & Michael S. Schmidt, Trump...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

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Sheppard Mullin Richter & Hampton LLP

What Should Contractors and Grant Recipients do in Response to the DEI Executive Orders?

In Part 1 of our blog series, we outlined the Trump Administration’s new Executive Orders (“EOs”) on Diversity, Equity, Inclusion (“DEI”) and Diversity, Equity, Inclusion, and Accessibility (“DEIA”) programs, and the current...more

Sheppard Mullin Richter & Hampton LLP

The Trump Administration’s Diversity, Equity, and Inclusion (DEI) Executive Orders: A Brief Primer

The first 100 days of President Trump’s second term have been action-packed with the President issuing 43 Executive Orders within hours of his inauguration – and an additional 46 that soon followed. Two Executive Orders in...more

Hinckley Allen

Impact of the Trump Administration’s Executive Orders and Actions for Academic Institutions & Federal Funded Research Community

Hinckley Allen on

The Trump Administration’s first two months have been marked by a flurry of actions impacting federal grant recipients, federal contractors, and academic and scientific researchers. These unprecedented measures, including...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

Lathrop GPM

Now What? Navigating the DEI Executive Orders and Ongoing Legal Challenges to Their Enforcement

Lathrop GPM on

Since taking office in January, President Trump has signed a flurry of Executive Orders (EOs) on a wide range of topics. Few EOs, however, have generated as much attention and uncertainty as Executive Order 14151 and...more

Morrison & Foerster LLP

DEI Risk Audits: Mitigate Risks and Protect Values

With the recent Trump administration executive orders and actions targeting Diversity, Equity, and Inclusion (DEI) programs, corporate DEI programs are under heightened scrutiny like never before. While these actions have not...more

Davis Wright Tremaine LLP

New Administration Outlook: Key Provisions of Trump DEI Orders Blocked

On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more

Paul Hastings LLP

Maryland District Court Enjoins Portions of Anti-DEI Executive Order: What Does This Mean?

Paul Hastings LLP on

On February 21, 2025, the U.S. District Court for the District of Maryland preliminarily enjoined certain aspects of Executive Order No. 14173, President Donald Trump’s “Ending Illegal Discrimination and Restoring Merit-Based...more

Shutts & Bowen LLP

Federal Judge Enjoins Significant Portions of DEI Executive Orders

Shutts & Bowen LLP on

In a 63-page order, Judge Adam B. Abelson, a U.S. District Judge for the District of Maryland, issued a nation-wide preliminary injunction that struck down as unconstitutional significant portions of Executive Order 114173...more

Constangy, Brooks, Smith & Prophete, LLP

Court blocks portions of Trump’s DEI Executive Orders

The first challenge to President Trump’s Executive Orders targeting Diversity, Equity, and Inclusion in the private sector has resulted in a preliminary injunction. As we previously reported, several organizations filed a...more

Jackson Lewis P.C.

Federal Court Blocks Provisions of Trump Administration’s ‘Illegal DEI’ Executive Orders

Jackson Lewis P.C. on

The federal district court for the district of Maryland on Feb. 21, 2025, issued a preliminary injunction temporarily prohibiting the Trump Administration from enforcing three provisions of the Administration’s Jan. 20 and...more

Blank Rome LLP

Preliminary Injunction Granted Related to DEI-Related Executive Orders—Takeaways for Government Contractors

Blank Rome LLP on

In the four weeks since President Trump issued Executive Order (“EO”) 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based...more

Foley & Lardner LLP

Court Enjoins Portions of Trump Administration’s DEI Executive Orders

Foley & Lardner LLP on

In another regulatory turn for federal contractors and private employers, a federal judge partially enjoined enforcement of provisions of the Trump Administration’s executive orders regarding diversity, equity, inclusion and...more

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