The recent U.S. Supreme Court decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College is poised to significantly influence Diversity, Equity, and Inclusion (“DEI”) practices and Environmental, Social, and Governance (“ESG”) programs and affirmative action
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Blank Rome Attorneys Appointed to American Bar Association’s Public Contract Law Section Leadership for the 2023–2024 Term
Blank Rome LLP is pleased to announce that nine attorneys from the firm’s nationally recognized Government Contracts group have been appointed to leadership roles in the American Bar Association’s (“ABA”) Public Contract Law Section for the 2023–2024 term, marking the highest number of ABA Public…
3 Tips to Reduce False Claims Act Exposure in the Wake of United States ex rel. Schutte v. SuperValu, Inc.
Justin A. Chiarodo, Jennifer A. Short, Stephanie M. Harden, Samarth Barot, and Oliver E. Jury ● 2023 is shaping up to be a major year in False Claims Act (“FCA”) practice, with the Supreme Court weighing in on both FCA scienter…
10 Key Takeaways: Biden Administration Sets the Stage for Regulation of U.S. Investments in China
Anthony Rapa, George T. Boggs, and Alan G. Kashdan ● President Biden recently issued an executive order (“EO”) establishing a framework to regulate certain U.S. investments with a nexus to China, taking initial steps towards what eventually could be unprecedented regulation of outbound…
Proposed Bill Would Amend the Arms Export Control Act and Establish AUKUS Advisor and Task Force: 3 Highlights
Anthony Rapa and Patrick F. Collins ● On July 19, 2023, Rep. Michael McCaul (R-TX), chair of the House of Representatives Foreign Affairs Committee, introduced a bill to ease trade restrictions among parties to the AUKUS agreement—a trilateral security partnership between…
6 Key Takeaways from the CFIUS 2022 Annual Report
Anthony Rapa, George T. Boggs, and Alan G. Kashdan ● The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) recently released the unclassified version of its statutorily mandated annual report to Congress, covering calendar year 2022. Viewed in the…
Government Offerors—There Are No Foolish Questions
Merle M. DeLancey, Jr. ● The Government Accountability Office (“GAO”) regularly denies protests because an offeror made assumptions in its proposal. To the offeror, such assumptions seem perfectly reasonable but to an agency the assumptions are incorrect or contrary to the…
The SBA’s 8(a) Program—Possible Changes after SFFA and Ultima
Scott Arnold ● When the U.S. Supreme Court struck down affirmative action programs in the college admissions context in late June, it noted that racially conscious government programs must have a “logical end point.” Students for Fair Admissions, Inc. v. Harvard…
Conflicting State and Federal Requirements for Government Contractors . . . Again
Merle M. DeLancey, Jr. ● In 2021, federal government prime contractors and subcontractors found themselves in a difficult situation with respect to COVID vaccination requirements. More than a dozen states enacted laws prohibiting companies from requiring their employees to be COVID-19…
Relief Requested: What the Federal Circuit’s CACI-Federal Decision Means for Your Bid Protest beyond Standing
Stephanie M. Harden ● The primary holding of the Federal Circuit’s May 2023 decision in CACI, Inc.-Federal v. United States (Case No. 2022-1488), is that “statutory standing” is no longer a jurisdictional issue. This means that when considering whether a protester…