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SDB Preference Constitutional

Client Alert | less than 1 min read | 08.02.04

In Rothe Dev. Corp. v. U.S. Dep't of Def. (W.D. Tex. July 2, 2004), the district court found that, although the initial enactments of a small disadvantaged business preference in DOD procurements were unconstitutional, in the 2003 version Congress sufficiently heeded the Supreme Court's affirmative action decisions in the past few years and supplied a "strong basis in the evidence" of racial discrimination to support the reenactment of the preference and withstand a facial challenge. The court brushed aside the evidence that the Asian-Americans benefited by the preference in the particular procurement were financially well off, noting that such evidence is only relevant to an administrative challenge to the SDB designation, not a constitutional challenge.

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Client Alert | 1 min read | 03.20.26

HSR Form Rollback: What Dealmakers Need to Know Now

On March 19, 2026, a U.S. District Court for the Fifth Circuit panel denied the Federal Trade Commission’s (FTC) emergency motion for a stay pending appeal of a district court’s order that vacated the FTC’s 2024 overhaul of the HSR premerger notification form....