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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

Executive Order on Health Care Access for Gender-Affirming Treatments for Minors

By Diane V. Dygert, Sam M. Schwartz-Fenwick, and Ameeran Salem (Seyfarth Shaw LLP)

On January 28, 2024, President Donald Trump signed an Executive Order, titled “Protecting Children from Chemical and Surgical Mutilation,” that aims to restrict the availability of gender-affirming care (GAC) to individuals under the age of 19.

The article discusses the Executive Order which will directly impact employers’ group health plans who receive federal financial assistance as well as indirectly impact other medical benefit plan.

Articles

What Employers Need to Know Today About Class and Collective Actions: A View Through 2023’s Cultural, Regulatory and Political Goggles

By Jackson Lewis P.C.

The United States is in the midst of a unique cultural moment. A post-pandemic economy, a fractured political climate, a newly aggressive regulatory state, a deeply conservative U.S. Supreme Court and the relentless advance of technology have profoundly impacted our workplaces. This article looks at some of the class and collective actions at this historic juncture.