EEOC Rescinds Harassment Guidance, Creating New Uncertainty and Risks for Employers
On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The decision revokes a comprehensive, 190‑page document that consolidated decades of case law and provided employers with detailed direction on identifying, preventing, and responding to unlawful harassment. The rescinded guidance...
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Use AI to support your work—not to replace your professional judgment
As Artificial Intelligence tools (such as ChatGPT, Harvey, CoPilot, Claude, etc.) become more accessible, many attorneys have begun exploring how to best use AI tools in their practices. While such tools can streamline workflows, there are many recent examples showing that AI is not a substitute for professional judgment and its misuse carries real...
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Understanding the New Executive Order Targeting “Underperforming” Defense Contractors
In an Executive Order issued on January 7, 2026, entitled “Prioritizing the Warfighter in Defense Contracting,” President Trump announced a new effort to identify suppliers of critical weapons and equipment that are underperforming on their contracts and, simultaneously, engaged in stock buy-backs or corporate distributions. According to the President, this new effort will focus...
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Corruption, Contracts, and Terrorism Financing: The D.C. Circuit Clarifies ATA Risk
Recent litigation in the D.C. Circuit highlights the growing legal risks facing companies operating in conflict-affected and high-corruption environments, particularly where commercial activity intersects with terrorist financing concerns. In Atchley v. AstraZeneca UK Ltd., the court revived claims under the Anti-Terrorism Act (“ATA”) alleging that pharmaceutical and medical equipment companies indirectly financed terrorist attacks...
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GAO Sustains Protest Over CIA’s Faulty Cost Realism Evaluation
In a recent bid protest decision, Markon LLC, B-423767-.4, December 12, 2025, the Government Accountability Officer (GAO) delivered a pointed reminder about the limits of agency discretion in cost realism evaluations. In this case, which involved a solicitation for business operations, information technology engineering support, and business enterprise modernization services, the Central Intelligence Agency...
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Federal Circuit Panel Issues Landmark Decision Addressing Tucker Act Standing and COFC Jurisdiction in Task Order Protests
The Federal Circuit’s recent decision in Percipient.AI, Inc. v. United States represents a major development in its case law regarding bid protest standing and task order protest jurisdiction. In the decision—which has rightly received significant attention this month—a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held that Percipient, which...
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