Parental alienation has been characterized by the appellate courts as an act so—alien—to a child’s best interests as to render a parent presumptively unfit to have custody of the child. Given the ubiquity of claims of parental alienation in custody
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New Suit Seeks to Enjoin EO 14398: Implications for Government Contractors
Dominique L. Casimir and Shane M. Hannon ● Less than one month after the issuance of Executive Order 14398 (“EO 14398”), “Addressing DEI Discrimination by Federal Contractors,” a coalition of academic and contractor organizations has filed a lawsuit in federal court seeking to…
DOL Proposes New Joint Employer Rule Under the FLSA, FMLA, and MSPA
Nikki D. Kessling ● The U.S. Department of Labor’s (“DOL”) Wage and Hour Division announced a proposed rule on April 22, 2026, to address how “joint employer” status is determined under the Fair Labor Standards Act (“FLSA”), Family and Medical Leave…
60-Second Sustains: Effective Communication Strategies, LLC
Elizabeth N. Jochum and David L. Bodner ● Protest of: Effective Communication Strategies, LLCGovernment Accountability Office (“GAO”)B-423993; B-423993.2
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What Does IBM’s $17 Million FCA Settlement Portend for Government Contractors Wrestling with Compliance?
Jennifer A. Short, Dominique L. Casimir, Brooke T. Iley ● On Friday, April 10, 2026, the Department of Justice (“DOJ”) announced a $17 million False Claims Act (“FCA”) settlement with International Business Machines (“IBM”), based on the company’s alleged violations of…
An Overview of the New DEI Executive Order: Scope and Limitations
Dominique L. Casimir ● On March 26, 2026, President Trump signed Executive Order 14398 (“EO 14398”) titled Addressing DEI Discrimination by Federal Contractors, taking aim at the diversity, equity, and inclusion (“DEI”) practices of federal contractors. EO 14398 ventures into…
One-Way Ratchet and a Different Kind of Pastry: Trump Tariffs at the Supreme Court
Keith B. Letourneau ● On November 5, 2025, the Supreme Court heard oral argument in the consolidated tariff cases. This article addresses a few notable points made during the argument and examines the underpinnings of each. On balance, it appears the…
White House Announces Multiple Trade Deals Following President Trump’s Tour of Asia
Timothy J. Hruby, Alan G. Kashdan, Christopher A. Kimura, and Rachel D. Evans ● In late October 2025, President Donald Trump embarked on a weeklong tour of Asia and returned having secured a temporary truce in the U.S.-China trade war, and a number of…
The Limitation Act in the United States: A Deeper Look
Thomas H. Belknap Jr., Emma C. Jones, and G. Evan Spencer ● This article follows on a 2021 MAINBRACE article, “The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability,” which discussed the practical use of the Shipowners’ Limitation of Liability Act,…
The Casualty Occurred, Now What? Preserve the Evidence!
Noe S. Hamra and Neil P. McMillan ● After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. Every incident has its own unique…