The Department of Justice (DOJ) recently announced a task force designed to eliminate anticompetitive state and federal laws and regulations that “undermine free market competition and harm consumers, workers, and businesses.” This followed President Trump’s Executive Order 14192, which had similar goals, and the Federal Trade Commission joined the DOJ in its
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Follow the Breadcrumbs: Where Does Consumer Data Go as 23andMe Goes Bankrupt?
23andMe, a pioneer in the DNA testing kit industry, announced that it has filed for Chapter 11 bankruptcy protection and recently asked to select an independent customer data representative regarding any sale of user data. Its bankruptcy raises issues about data privacy and what companies must do to protect that data for the benefit of…
A Federal Contractor’s Survival Guide to Executive Actions and DOGE-Related Impacts: Part 2—Suspensions and Stop-Work Orders, Contract Modifications, Tariffs, and Other Considerations
In recent months, federal contractors have seen an uptick in very specific types of contracting activity. As a result of various Executive Orders and DOGE directives for agencies to conduct contract reviews and engage in mass contract cancellations, there has been a flurry of terminations for convenience, suspensions/stop-work orders, and contract modifications. Payments—even those undisputedly…
A Federal Contractor’s Survival Guide To Executive Actions And DOGE-Related Impacts: Part 1—Unpaid Invoices And Terminations For Convenience
In recent months, federal contractors have seen an uptick in very specific types of contracting activity. As a result of various Executive Orders, and DOGE directives for agencies to conduct contract reviews and engage in mass contract cancellations, there has been a flurry of terminations for convenience, suspensions/stop-work orders, and contract modifications. Payments—even those undisputedly…
McCarter & English Welcomes Erin Prest Former Privacy & Civil Liberties Officer and Deputy General Counsel of FBI to Cybersecurity and Data Privacy Practice
WASHINGTON (March 25, 2025) – McCarter & English today announced that Erin Prest, former FBI Privacy & Civil Liberties Officer and Deputy General Counsel has joined the firm’s cybersecurity team as a partner in the firm’s Washington, DC office. Prest joins following an exemplary 18-year career at the FBI, where she oversaw the agency’s data…
In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In
Over the past few months, the second Trump administration has taken quick actions to suspend and terminate federal awards predating the transition of power. Many of these actions have resulted in the termination of “federal financial assistance”—specifically, grants and cooperative agreements. Organizations that have seen their grants and cooperative agreements terminated have pushed back through…
Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA
Another day, another executive order (EO) that will transform federal procurement as we know it. A March 20, 2025 EO entitled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” and its accompanying fact sheet call for “[c]onsolidating domestic Federal procurement in the General Services Administration” (GSA), at least with regard to “common goods and…
Antitrust in Trump 2.0—the First 60 Days
As the second Trump administration reaches its 60-day mark, it is a good time to take stock of the US antitrust agencies’ actions. The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have been busy despite the broader government shakeup. Enforcement patterns are emerging. For example, FTC Chairman Andrew Ferguson has…
A Contractor’s Guide to Successfully Navigating Non-Payment, Suspensions/Stop-Work Orders, Terminations for Convenience, Tariff-Related Impacts, and Other Issues Arising from Recent Executive Orders and DOGE Initiatives
Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government contractors. Overall, these various new developments have resulted in a flurry of contract modifications, suspensions, and terminations for…
Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies
As St. Patrick’s Day approaches, many of us are on the lookout for four-leaf clovers, a pot of gold, or perhaps even a mischievous leprechaun guarding his treasure. But in the world of government contracting, the real tricksters aren’t wearing green coats and buckled shoes—and there is no gold at the end of the procurement…