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A Closer Look: Internal Investigations

Handling Allegations of Racism in the Workplace—Would Your Company Have Done Better Than the Palace?

By Julie Grohovsky & Brionna Denby

March 25, 2021

Oprah Winfrey’s primetime television interview with the Duke and Duchess of Sussex, Prince Harry and Meghan Markle, revealed deep issues within the workings of a historic institution, one we only read about in books or watch on fictional shows like “The Crown.” While the former senior members of the royal family were talking about their feelings and treatment under the backdrop of family dynamics, they were also discussing a monarchy with an institutional framework that…

A Closer Look: Internal Investigations

Changes Ahead: Title IX Regulations Revisited by Biden Administration

By Brionna Denby

March 11, 2021

Less than 50 days into his presidency, President Biden signed an executive order on March 8, 2021, directing the U.S. Department of Education (DOE) to conduct a review of the controversial Title IX regulations (the Rules) that were spearheaded by the previous Secretary of Education, Betsy DeVos, to determine if they align with the policies of the Biden administration. This executive order signals the importance of Title IX to the new administration. President Biden’s directive…

Federal Construction Contracting Blog

Complying with the Government’s Restrictions on Foreign Telecommunications Equipment

By Jeffrey E. Jakob

February 22, 2021

3D Isometric Flat Vector Conceptual Illustration of Regulatory Compliance.

Government contractors are facing a significant compliance burden thanks to three new FAR provisions that impose restrictions on contractors who supply or use Chinese telecommunications equipment or services. Generally speaking, the new FAR provisions, 52.204-24, 52.204-25, and 52.204-26, are designed to ensure that contractors do not supply any covered equipment or services to the government (the “supply restriction”) or use any covered equipment or services in their business (the “use restriction”). Covered equipment or services…

Federal Construction Contracting Blog

Important Changes to the Buy American Act – Key Updates for Contractors

By Casey J. McKinnon

February 12, 2021

The Buy American Act includes a preference for “domestic end products” and “domestic construction materials” on federal projects absent a waiver. Prior to recent revisions, domestic end products and domestic construction materials were those that were: 1) manufactured in the U.S.; and 2) made up of at least 50% domestic components or, alternatively, were Commercially Available Off-The-Shelf (COTS) items. The FAR Council recently issued a final rule that makes substantial changes to the FAR’s Buy…

Federal Construction Contracting Blog

Biden’s Buy American: More Oversight and More Information

By Ryan Boonstra

February 4, 2021

The Biden administration seems to be doubling down on the application and enforcement of the Buy American Act with the president’s January 25 executive order. While former President Trump’s order focused on increasing domestic material percentages, President Biden’s order focuses on oversight, enforcement, and access to information. The first part of President Biden’s order establishes a Made in America Office (MAO) to increase oversight of Buy America and Buy American waivers. Buy America gives…

Federal Construction Contracting Blog

SBA Changes Ensure Small Businesses Can Utilize Teaming Arrangements and Subcontractor Experience

By Casey J. McKinnon

January 26, 2021

Late last year, the U.S. Small Business Administration (SBA) issued a lengthy final rule that made changes to various SBA regulations. While the SBA highlighted its changes to the Mentor-Protégé program, the rule will have wide-ranging impacts on small business contracting, including the treatment of a small business offeror’s capabilities, past performance, and experience. Prior to the issuance of the SBA’s new rule, FAR 15.305(a)(2)(iii) stated that an agency “should” consider the past performance of…

A Closer Look: Internal Investigations

The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

By Brionna Denby

August 20, 2020

Judge gavel or auction hammer icon with long shadow.

Despite 18 attorneys general, including Delaware, Pennsylvania, New York, and Washington, DC, vigorously challenging the substance of the new Title IX Regulations (the Final Rule) and its August 14 effective date by filing a Motion for Preliminary Injunction, two days before the regulations were set to take effect, federal District Court Judge Carl Nichols issued an opinion denying the injunction. The U.S. Department of Education (DOE) released an unofficial version of the Final Rules…

A Closer Look: Internal Investigations

State Attorneys General First to Formally Challenge New Title IX Regulations

By Brionna Denby

June 11, 2020

While many individuals and organizations have provided commentary and criticism over the revised Title IX regulations (the Rules) released in early May amidst the COVID-19 pandemic, 18 states’ attorneys general have collaborated to file suit challenging the changes to the Rules. The suit filed on June 4, 2020, in the U.S. District Court for the District of Columbia is believed to be the first to challenge the controversial revisions to the Title IX regulations. The…

A Closer Look: Internal Investigations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

By Shanlon Wu

May 7, 2020

Who would have thought in the fall of 2019, when we were all waiting with bated breath for U.S. Secretary of Education Betsy DeVos to issue the new Title IX regulations that the regulations would instead be issued in the spring during a pandemic? Yes, indeed— the new Title IX regulations are here and have arrived when all students and educators are working remotely. Of particular note: Cross-Examination: Cross-exam is now permitted by “advisors” to…

Federal Construction Contracting Blog

DOD Releases Class Deviation and Related Guidance Implementing Section 3610 of the CARES Act

By Michael H. Payne & Jeffrey E. Jakob

May 1, 2020

The Coronavirus Aid, Relief, and Economic Surety (CARES) Act was enacted on March 27 to provide relief from the effects of the COVID-19 pandemic. Section 3610 of the CARES Act authorizes agencies to reimburse federal contractors for leave provided to employees who cannot work as a result of the COVID-19 public health emergency. As we explained in a previous blog post, there are many questions as to how Section 3610 will be implemented. Those…

Cohen Seglias Pallas Greenhall & Furman

Cohen Seglias Pallas Greenhall & Furman Blogs

Blog Authors

Handling Allegations of Racism in the Workplace—Would Your Company Have Done Better Than the Palace?

Changes Ahead: Title IX Regulations Revisited by Biden Administration

Complying with the Government’s Restrictions on Foreign Telecommunications Equipment

Important Changes to the Buy American Act – Key Updates for Contractors

Biden’s Buy American: More Oversight and More Information

SBA Changes Ensure Small Businesses Can Utilize Teaming Arrangements and Subcontractor Experience

The Regulations Remain – Federal Judge Denies State AG’s Challenges to the New Title IX Regulations

State Attorneys General First to Formally Challenge New Title IX Regulations

Yes, It’s True: Department of Education Issues Title IX Regulations During a Pandemic

DOD Releases Class Deviation and Related Guidance Implementing Section 3610 of the CARES Act

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