News & Analysis as of

Minority-Owned Businesses

Partridge Snow & Hahn LLP

Fearless Fund Settles Yearlong Suit with the American Alliance for Equal Rights

Challenges to Race-based Initiatives Continue: Fearless Fund Settles Yearlong Suit with the American Alliance for Equal Rights, Ending the Strivers Grant Contest for Women of Color Business Owners - Fearless Fund is a venture...more

Robinson+Cole Construction Law Zone

USDOT’S DBE Program Blocked in Kentucky and Indiana

The end of the U.S. Department of Transportation’s (USDOT) Disadvantaged Business Enterprise (DBE) program is getting closer. The DBE program presumes women and minority-owned firms are disadvantaged and sets goals for them...more

Jackson Lewis P.C.

Ensure Your Supplier Diversity Program Meets Legal Requirements and Thrives

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Supplier diversity programs are business initiatives designed to include businesses owned by traditionally underrepresented groups in companies’ supply chains. Effective supplier diversity programs expand supplier bases,...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Court Issues Injunction to Prevent Presumptive Gender and Race Preferences for DOT Contracts Within Kentucky and Indiana

With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge. The Court issued a...more

Potomac Law Group, PLLC

What is an Exceptional WBE?

If you are a woman business owner whose company has revenues in excess of $500 million or a unique business structure, you may be eligible for a special WBE designation through the Women's Business Enterprise National Council...more

PilieroMazza PLLC

SBA Proposes Substantive Changes to Negative Control and Unconditional Ownership and Control Considerations Across Socioeconomic...

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As PilieroMazza noted recently, the Small Business Administration (SBA) released a proposed rulemaking that will impact government contractors. This client alert discusses a major proposed change that would significantly...more

Lowenstein Sandler LLP

Fearless Fund Litigation Settles, Law on Race-Conscious Philanthropy Remains Intact Outside 11th Circuit

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Various news outlets are reporting that American Alliance for Equal Rights v. Fearless Fund Management, LLC settled today. American Alliance for Equal Rights issued a press release announcing the settlement, and Fearless...more

Williams Mullen

Taking Steps to Apply for Small, Women-Owned, or Minority-Owned (SWaM) Certification in Virginia? Consider these Factors ...

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Obtaining SWaM certification in Virginia enables businesses to bid on local and state contracts that are set aside for small, women-owned, and minority-owned businesses. The Commonwealth of Virginia has committed to sourcing...more

Littler

11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful

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On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the...more

Baker Donelson

Court Blocks VC Firm from Issuing Grants to Black Women-Owned Businesses

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Recently, the United States Court of Appeals for the Eleventh Circuit (the Court) held in Am. All. for Equal Rts. v. Fearless Fund Mgmt., LLC (Fearless Fund) that the Fearless Strivers Grant Contest (the Contest), a startup...more

Poyner Spruill LLP

Eleventh Circuit Decision Generates Further Concern in Diversity Initiatives

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On Monday, June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit held that a contest providing venture-capital funding to only Black women was substantially likely to violate section 1981 of the Civil Rights Act of...more

WilmerHale

Eleventh Circuit Temporarily Blocks Fearless Fund Grant Program For Black Women-Owned Businesses

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On June 3, 2024, the Eleventh Circuit authorized a preliminary injunction in American Alliance for Equal Rights v. Fearless Fund Management, LLC et al., ruling that a grant contest that awards funding and mentorship...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more

Lathrop GPM

In Fearless Fund Decision, Federal Court of Appeals Halts Race-Based Philanthropic Program

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In a case that has been closely watched by the charitable sector, on June 3, 2024, the U.S. Court of Appeals for the 11th Circuit issued a decision blocking a race-based grant program that provided funds and mentorship to...more

Potomac Law Group, PLLC

Explaining the Basics - EDWOSB and WOSB Certifications

If you are a woman-owned business, you may be eligible for federal contracting opportunities under the WOSB (woman-owned small business) and/or EDWOSB (economically disadvantaged woman-owned small business) programs....more

Frantz Ward LLP

Are Changes Coming to EDGE in Ohio?

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On June 29, 2023, the United States Supreme Court issued its historic decision in Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023). This decision upended decades of precedent and held that race-conscious...more

Cozen O'Connor

US DOT Updates its Rules Regarding the Disadvantaged Business Enterprise Program

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On April 9, 2024, The U.S. Department of Transportation (DOT) announced numerous revisions to its in-place rules for administering its Disadvantaged Business Enterprise (DBE) Program. The new rule follows a Notice of Proposed...more

Jenner & Block

Northern District of Texas Declares Key Provision in Minority Business Development Act of 2021 Unconstitutional in Nuziard v....

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On March 5, 2024, the United States District Court for the Northern District of Texas struck down key provisions of the Minority Business Development Act of 2021, which promotes the provision of business development services...more

McGuireWoods LLP

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

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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

Bricker Graydon LLP

[Event] Minority Business Accelerator Acquisition Reception - April 11th, Cincinnati, OH

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Join us for a special cocktail reception hosted at Bricker Graydon Law to learn more about the MBA Fund I, a new equity capital fund to support business acquisitions and growth capital for minority entrepreneurs. The launch...more

Schwabe, Williamson & Wyatt PC

U.S. District Court Bars Racial Criteria for Minority Business Development Agency Programs

On March 5, 2024, in its opinion and order for the case of Jeffrey Nuziard, et. al. v. Minority Business Development Agency, et. al., Case 4:23-cv-00278-P, the U.S. District Court for the Northern District of Texas (Fort...more

Littler

Probing in Procurement – Recent Decisions May Prompt Review of Supplier Diversity Programs

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A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.  While the court’s decision...more

PilieroMazza PLLC

SBA’s 8(a) Program Again Challenged and the Potential Impacts on Native Owned Entities

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The Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) program) faced new constitutionality challenges in a case filed at the U.S. Court of Federal Claims (COFC) by Advanced Simulation Technology...more

PilieroMazza PLLC

Federal Judge Orders Minority Business Development Agency to Serve All Business Owners Regardless of Race

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On March 5, 2024, a federal judge ordered the Department of Commerce’s Minority Business Development Agency (MBDA) to immediately stop considering a business owner’s race or ethnicity in determining whether an applicant may...more

Gould + Ratner LLP

The Journey of Progress for Women in Construction and Paving a Path to Success

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Gould & Ratner presents the next installment of our Construction Interview Series. As a continued effort to keep our clients informed of current trends in the construction industry, we will continue to periodically sit down...more

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