Boards' CDA Jurisdiction Does Not Extend To Third-Party Beneficiaries
Client Alert | less than 1 min read | 06.30.09
Reversing the ASBCA decision, 08-1 BCA ¶ 33,793 (2008), the Federal Circuit holds in Winter v. FloorPro, Inc. (June 26, 2009), that the ASBCA does not have jurisdiction to hear claims brought by third-party beneficiaries, because they are not "contractors" under the Contract Disputes Act. The Federal Circuit distinguishes its prior holding that the Court of Federal Claims does have jurisdiction to hear claims by third-party beneficiaries, observing that jurisdiction granted to the CFC under the Tucker Act is ";broader than the Board's jurisdiction under the CDA."
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Client Alert | 2 min read | 09.08.26
IRS Takes Aim: Proposed Rule Threatens Tax-Exempt Status of Private Schools
On September 4, 2026, the IRS published a notice of proposed rulemaking (NPRM) titled “Racial Nondiscrimination in Private Schools” (REG-119986-25). The proposed rule would extend the prohibition against racial discrimination in private schools to policies and practices that are intended to serve “remedial or diversity-related objectives,” such as those commonly associated with diversity, equity, and inclusion (DEI) initiatives. Under the proposed rule, any private primary or secondary school, college, professional or trade school, or university, would lose its tax-exempt status if it adopts, maintains, or enforces any policy or practice that considers race, color, or national or ethnic origin in the administration of any admissions policy, scholarship or loan program, athletic program, or other school-administered program. Comments are due November 3, 2026, and, if finalized, the proposed rule would go into effect on May 31, 2027.
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FDA Seeks Input for Regulating GenAI-Powered Medical Devices
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SBA Proposal to Overhaul Size Standards Would Transform Federal Government Contracting
