News & Analysis as of

Government Agencies

FordHarrison

Executive Order: Restoring Equality of Opportunity and Meritocracy (April 23, 2025, President Donald J. Trump)

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On April 23, 2025, President Trump signed an Executive Order (EO) titled Restoring Equality of Opportunity and Meritocracy, which follows a string of prior EOs aimed at removing DEI programs, which we covered here and here....more

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

Corrective Action Doesn’t Mean a Do-Over: GAO Okays Narrow Scope of Proposal Revisions

The Mission Essential Group, LLC (MEG) protested the scope of corrective action by U.S. Special Operations Command (SOCOM) following a previous protest involving a linguist support services procurement. In The Mission...more

Epstein Becker & Green

New Federal Agency Policies and Protocols for Artificial Intelligence Utilization and Procurement Can Provide Useful Guidance for...

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On April 3, 2025, the Office of Management and Budget (“OMB”) issued two Memoranda (Memos) regarding the use and procurement of artificial intelligence (AI) by executive federal agencies....more

Robinson+Cole Data Privacy + Security Insider

Insight Into DOGE’s Access to HHS’ Systems

Becker’s Hospital Review reports that the Department of Government Efficiency (DOGE) “has access to sensitive information in 19 HHS databases and systems,” according to a court filing obtained by Wired. HHS provided the...more

Nossaman LLP

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

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We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

McDermott Will & Emery

Understanding and Navigating Compliance with NIH Grant DEI Policies

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On April 21, 2025, the National Institutes of Health (NIH) issued a notice regarding its policy to require all US grant recipients to certify that: 1. They do not, and will not during the term of receiving funds from the...more

Perkins Coie

Fifth Circuit Rules FCC Enforcement Action Unconstitutional

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Key Takeaways - - The U.S. Court of Appeals for the Fifth Circuit vacated a $57 million fine levied by the Federal Communications Commission (FCC) against AT&T. - The court ruled the FCC's in-house enforcement proceedings...more

Mayer Brown

Update on Maryland Mortgage Licensing Guidance: Governor Moore Signs Law Exempting Passive Trusts

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Shortly after Mayer Brown published an update on legislation introduced to exempt passive trusts and other assignees of certain Maryland loans from licensing, Governor Wes Moore signed the legislation into law. The Maryland...more

Seyfarth Shaw LLP

New Executive Order Directs Federal Agencies to Deprioritize Disparate Impact: What Employers Need to Know Now

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On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy.” The Order declares a sweeping new federal policy: “It is the policy of the United States to eliminate...more

Latham & Watkins LLP

President Trump Issues Executive Order Calling for Reform of the Federal Acquisition Regulation

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The reforms called for could have a significant impact on how federal contractors and their subcontractors conduct business with the federal government....more

Seyfarth Shaw LLP

The Week in Weed: April 2025 # 4

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Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see two federal bills involving legalization. A lawsuit against the DEA has been dropped. Nebraska’s...more

Akin Gump Strauss Hauer & Feld LLP

Strengthening Probationary Periods in the Federal Service (Trump EO Tracker)

The Order institutes a new Civil Service Rule XI to ensure agencies effectively utilize probationary and trial periods. Civil Service Rule XI supersedes subpart H and requires agencies to affirmatively determine that the...more

Constangy, Brooks, Smith & Prophete, LLP

Has Trump's EO killed disparate impact claims?

Is the media buzz accurate? On Wednesday, President Donald Trump issued a new executive order, "Restoring Equality of Opportunity and Meritocracy." The buzz is that the President has wiped out disparate impact liability. ...more

Akin Gump Strauss Hauer & Feld LLP

Unleashing America's Offshore Critical Minerals and Resources (Trump EO Tracker)

Directs agencies to expedite seabed mineral development by streamlining licensing for exploration and recovery, mapping priority resource areas, and identifying commercial opportunities both domestically and abroad. It also...more

Akin Gump Strauss Hauer & Feld LLP

Transparency Regarding Foreign Influence at American Universities (Trump EO Tracker)

The Order requires the Secretary of Education to take all appropriate actions to ensure complete and timely disclosure by higher education institutions of foreign funding. The Secretary will take appropriate steps to reverse...more

Miles & Stockbridge P.C.

Executive Order Aims to ‘Restore Common Sense’ in Procurement by Reforming the Federal Acquisition Regulation

Yogi Berra once said, “The future ain’t what it used to be.” Those who have spent a career in federal procurement have seen many cycles of well-intentioned procurement reform instead create a system that is more complex,...more

Akin Gump Strauss Hauer & Feld LLP

Restoring Equality of Opportunity and Meritocracy (Trump EO Tracker)

The use of disparate-impact liability in all contexts must be eliminated to avoid violating the Constitution and federal civil rights laws. Disparate-impact liability arises where a seemingly neutral policy or practice leads...more

Bergeson & Campbell, P.C.

EPA Announces Updates to MyPest, a Pesticide Registration Tracking App for Companies

On April 18, 2025, the U.S. Environmental Protection Agency (EPA) announced updates to its pesticide registration tracking app, MyPest. EPA states MyPest allows registrants of pesticide products to monitor the status of their...more

Holland & Knight LLP

NIH Announces Significant Changes to Federal Grant Terms, Conditions on Civil Rights

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The National Institutes of Health (NIH) announced on April 21, 2025, a significant change to the terms and conditions governing federal funding (the Notice) applicable to all NIH grants, cooperative agreements and other...more

Wiley Rein LLP

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

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On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed civil penalties against...more

Latham & Watkins LLP

President Trump Issues Executive Order Emphasizing Commercial Procurement in Government Solicitations

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The order requires a review of acquisitions for non-commercial products and services....more

Cozen O'Connor

California Leads Charge Against Tariffs

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California AG Rob Bonta and Governor Gavin Newsom have filed a lawsuit against the Trump administration, alleging that the President’s use of the International Emergency Economic Powers Act (IEEPA) to unilaterally impose...more

Allen Matkins

Federal Agencies Propose Rescission of “Harm” Definition Under Endangered Species Act

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On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - April 2025

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter,...more

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