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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 | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief.  In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more....