The “New” Joint Employer Rule: Don’t Be Held Responsible for a Partner’s Mistake
Article by: Nicholas Hopkins, Associate If your business relies on staffing agencies, subcontractors, or vendors, you may be a “joint employer” of workers you didn’t hire. In practical terms, joint employer status determines when your company becomes legally responsible for another company’s workforce. A new proposed rule from the Department of Labor clarifies that...
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Federal Circuit Rejects Proposed Heightened Standard for Challenging CICA Stay Overrides
Article by: Nicholas Hopkins, Associate In its recent Life Science Logistics, LLC v. United States decision, the Federal Circuit resolved an important question about the standard that applies to an agency’s attempt to override a Competition in Contracting Act (CICA) stay of contract award. The CICA Stay, and How the Government Can Override It...
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DOJ Announces First FCA Settlement Secured Under its Civil Rights Fraud Initiative
On April 10, 2026, the Department of Justice (“DOJ”) announced the first False Claims Act (“FCA”) settlement secured under its “Civil Rights Fraud Initiative,” which now-Acting Attorney General Todd Blanche announced in May 2025. According to DOJ, the initiative utilizes the FCA “to investigate and, as appropriate, pursue claims against any recipient of federal...
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Avoiding Suspension and Debarment: The Benefits of Early Cooperation
Article By: Paxton Ouellette, Associate In early 2026, the U.S. Department of Justice (“DOJ”) issued a press release stating that it had resolved a False Claims Act (“FCA”) matter involving U.S. Navy supply chain contractor Teledyne RISI Inc., also known as Teledyne Electronic Safety Products (“Teledyne”). In the announcement, DOJ explained that Teledyne had...
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GAO Clarifies Mentor‑Protégé Joint Venture Past Performance Rules: Agencies Have More Discretion Than Ever
Article By: Nicholas Hopkins, Associate A recent GAO bid protest decision offers more clarity on agency evaluation of JV past performance for mentor‑protégé joint ventures. Due to an evolving regulatory scheme, agencies may evaluate the mentor’s past performance alone. However, agencies have more discretion than ever, and may still require a showing of protégé...
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DHS Update – Limited Source Award Draws Unwelcome Spotlight But Also Provides Valuable Lessons To Contractors About Protest Timing
Article by: Paxton Ouellette, Associate In February 2025, the Department of Homeland Security (“DHS”) began market research related to its upcoming communications campaign to publicize information regarding immigration compliance. To prepare, DHS reviewed industry publications, analyzed recent DHS initiatives, and evaluated vendors that were skilled in hyper-targeted media and advertising services, ultimately identifying “four...
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