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Federal Court Strikes Down Race- and Ethnicity-Based Programming Criteria

On March 5, 2024, the U.S. District Court for the Northern District of Texas ordered the Minority Business Development Agency (MBDA) to cease using race or ethnicity as a basis for determining access to agency programming....more

SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now

Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military...more

Sovereign Immunity Available in Virginia Human Rights Act Cases

On Sept. 19, 2023, the Virginia Court of Appeals held in Fogleman v. Commonwealth of Virginia, that the General Assembly has not waived sovereign immunity under the Virginia Human Rights Act (VHRA), either expressly or by...more

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement...

On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar...more

SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection

On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal...more

Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors

It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal...more

OMB Issues Final Guidance for Build America, Buy America Requirements

On Aug. 14, 2023, the White House, acting through the Office of Management and Budget (OMB), issued final guidance to federal agencies implementing the Build America, Buy America Act (BABA), enacted as part of the...more

DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information

On June 21, 2023, the U.S. Department of Homeland Security (DHS) issued a long-anticipated cybersecurity final rule (DHS Final Rule), which revises an existing clause and adds two new clauses to the Homeland Security...more

U.S. Department of Education Launches Secret Shoppers Program to Investigate Colleges and Universities

Federal Student Aid’s Office of Enforcement announced a “secret shoppers” program as one of many tools to evaluate a college or university’s recruitment, enrollment, financial aid and other practices. The secret shoppers...more

Supreme Court to Revisit De Minimis Cost Test for Religious Accommodations Under Title VII

On Jan. 13, 2023, the U.S. Supreme Court agreed to consider whether the de minimis cost test for religious accommodations under Title VII of the Civil Rights Act of 1964 should endure. The Supreme Court granted the petition...more

Biden Administration Amends “Buy American” Rules to Increase Domestic Content Requirements

On March 7, 2022, the Federal Acquisition Regulatory Council promulgated a final rule aimed at increasing federal government preferences for goods and construction materials that are domestically manufactured and increasing...more

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