On August 1, 2024, the US Department of Justice (DOJ) Criminal Division introduced its Corporate Whistleblower Awards Pilot Program (Program), which, like a modern-day Western posse, aims to bring justice to the wild frontier of corporate America. The DOJ is enticing anyone willing to saddle up and provide information on corporate outlaws—i.e., those involved in…

On April 29, 2024, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released guidance to federal contractors regarding the use of artificial intelligence (AI) in their employment practices. See https://www.dol.gov/agencies/ofccp/ai/ai-eeo-guide. The guidance reminds federal contractors of their existing legal obligations, the potentially harmful effects of AI on employment decisions if used…

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the Federal Trade Commission (FTC) rule that would have invalidated tens of millions of non-compete agreements in the United States (see judge’s …

On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or artificial or pre-recorded voice calls absent the prior written consent of the call recipient, unless otherwise exempted by the FCC. The action was taken under the…

The third revision of NIST Special Publication 800-171 brings substantial changes across several key areas: the structure of control families has been expanded to better address new threats, individual security controls have been updated to enhance overall system security, and the criteria for tailoring these controls to specific organizational needs have been clarified, all in…

In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining Act’s (FASA) “task order bar” could suppress claims alleging violations of 10 U.S.C. § 3453, which mandates a preference…

DOD released a final rule which updates the DFARS to address requirements outlined in Executive Order 14005, “Ensuring the Future is Made in All of America by All of America’s Workers.” Cara Wulf and Marcos Gonzalez explain the changes and what contractors should be aware of while making adjustments to their supply chains in order…