On March 26, 2026, the president issued an executive order titled “Addressing DEI Discrimination by Federal Contractors”, directing federal agencies to include a new mandatory contract clause prohibiting federal contractors and subcontractors from engaging in “racially discriminatory DEI activities.” The order also expressly links compliance to False Claims Act (FCA) materiality, signaling heightened enforcement
We all have legal duties. Some arise from contracts that we choose to enter. Others are spelled out in statutes or regulations. Still others are imposed by the common law. One of the most basic common law duties is the duty to exercise reasonable care to avoid injury to others. What constitutes reasonable care varies
In basketball there is a shot clock. Once a team has the ball, it must shoot within 30 seconds. We’re obviously talking about college basketball since its March, but the NBA has a similar 24-second shot clock. Failure to shoot within the required time automatically gives the ball back to the other team. The law’s
Most legally enforceable contracts are formed the old-fashioned way: offer and acceptance. Courts will sometimes enforce promises without traditional offer and acceptance where one party has justifiably relied on the other party’s promise. This alternative route to contract formation is called promissory estoppel. While the law varies from state-to-state, prevailing on promissory estoppel theory normally requires
The Eighth Circuit Court of Appeals has affirmed a jury verdict finding that a developer and its founder defrauded a contractor by misrepresenting the availability of construction funding. See Selective Ins. Co. of Am. v. Heritage Const. Cos. et al, Case No. 24-2333, 2026 WL 263591 (D. Minn. Feb. 2, 2026). The case involves construction of a
A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies. Although application may vary by jurisdiction, there are some principles of contract law that have been widely adopted. One of those is the principle of “first material breach.” Generally, under this principle
In a sweeping and unprecedented enforcement action, the Small Business Administration (SBA) has dramatically escalated its oversight of the 8(a) Business Development Program — reportedly leaving more than 1,000 small businesses suddenly sidelined and raising serious questions about procedural protections and appeal rights.
In December 2025, SBA issued a blanket
In Pott v. World Capital Properties, the 11th Circuit held that an international arbitral tribunal operating under the New York Convention may pierce the corporate veil to assert jurisdiction over a non-signatory to an arbitration agreement.
The dispute arose from an alleged breach of a stock option agreement between Alfredo Pott and World Capital
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted. While payment delays are not unprecedented in federal contracting, prolonged or systemic nonpayment raises serious legal and practical concerns — particularly for contractors
The U.S. District Court for the District of Columbia recently issued a significant ruling in City of Saint Paul, Minnesota, et al. v. Christopher Wright, addressing constitutional constraints on executive agency conduct in the context of federal grant terminations. The decision — issued by Judge Amit P. Mehta — saw the court enter judgment