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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Articles

Trump Administration to Impose False Claims Act Liability on Contractors Who Continue to Maintain DEI and Other Affirmative Action Programs

By James Y. Boland and Dismas Locaria (Venable LLP)

On January 21, 2025, President Trump issued a widely expected executive order (EO), Ending Illegal Discrimination and Restoring Merit-Based Opportunity, targeting affirmative action and diversity, equity, and inclusion (DEI) initiatives in the federal government.

The EO creates new compliance obligations for all government contractors and grant recipients and will lead to new Federal Acquisition Regulation (FAR) rules, eliminating such things as mandatory affirmative action plans and adding a new mandatory contract certification.

Any contractor or grant recipient that currently maintains a DEI program should especially take note, as the EO directly links the maintenance of future DEI programs to False Claims Act (FCA) liability.

Articles

The OMB Issued a Memo Freezing Federal Financial Assistance. And Then Rescinded the Memo, But Not the Freeze. Confused? Read On

By Dismas Locaria and Christopher Griesedieck, Jr. (Venable LLP)

On January 29, the U.S. Office of Management and Budget (OMB) rescinded M-25-13, which it had issued two days earlier, and which required federal agencies to "temporarily pause all activities related to obligation or disbursement of all Federal financial assistance."

Days after it was issued on January 27, one federal judge administratively stayed a portion of the memo before the OMB rescinded it altogether. A White House press secretary subsequently explained that the "freeze" was, in fact, still in place, and another judge indicated he intends to issue an injunction soon.

While much remains unclear, there are basic parameters and next steps every FFA recipient should consider.

Benchmarking and Research Data

U.S. In-house Counsel Population Tracker

By Association of Corporate Counsel

This tracker monitors the number of in-house counsel in the United States based on publicly available data provided by the U.S. Bureau of Labor Statistics.

Articles

Defined Strategy Is Not Enough

By Elizabeth Lugones, Legal Operations Senior Advisor, UpLevel Ops

We are often told that a defined strategy is needed to achieve success in business. But is an articulated strategy enough? I would argue it is not. There must be shared understanding and alignment across the organization on the desired outcomes for that strategy while also ensuring that resources are enabled and inspired to succeed. This is where an empowered Legal Operations function comes into play.

Articles

Ten Considerations Regarding State Government Public Health Powers to Mandate COVID-19 Protective Measures and Vaccination in the United States

By Author: Grant C. Killoran, O'Neil, Cannon, Hollman, DeJong & Laing S.C., Milwaukee, Wisconsin

People around the world continue to grapple with the COVID-19 pandemic, the most extreme public health emergency in a century. This Top Ten discusses the public health law framework in the United States and summarizes some recent developments in the law arising from the COVID-19 pandemic.

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