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Suit to Stop Fair Pay and Safe Workplaces Filed

Client Alert | 1 min read | 10.13.16

On October 7, the Associated Builders and Contractors filed suit in the U.S. District Court for the Eastern District of Texas to stop implementation of the Fair Pay and Safe Workplaces (FPSW) final rule, which is scheduled to become effective on October 25 (discussed here and here). The suit (a) seeks to have the underlying FPSW executive order, final FAR rule, and DOL guidance vacated because they allegedly exceed the Executive’s authority and conflict with laws enacted by Congress; and (b) argues that the FPSW disclosure requirements violate the first amendment and due process rights of contractors by forcing them to disclose allegations of labor and employment law violations that have not been fully adjudicated.

Insights

Client Alert | 3 min read | 04.14.26

DOJ’s False Claims Act Resolution Against IBM Signals Heightened Risk for Federal Contractors with DEI Programs

On Friday, April 10, 2026, the U.S. Department of Justice (DOJ) announced that International Business Machines Corporation (IBM) has agreed to pay just over $17 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with federal anti-discrimination requirements incorporated into its federal contracts due to allegedly discriminatory diversity, equity, and inclusion (DEI) employment practices. This resolution marks the first FCA settlement secured by the DOJ under its Civil Rights Fraud Initiative, created in May 2025, and announced by then-Deputy Attorney General Todd Blanche as part of the administration’s coordinated efforts to target allegedly unlawful DEI practices. Per the agreement, the settlement is neither an admission of liability by IBM nor a concession by the United States that its claims are not well founded....