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Utilities React to Confusing Buy America Restrictions

Client Alert | 1 min read | 07.17.13

As a result of recent changes in the Moving Ahead for Progress in the 21st Century Act (MAP-21) and how those changes are being implemented by federal and state agencies, utilities are now facing expanded application of two longstanding, but different, Buy America provisions of the Federal Highway Administration and the Federal Transit Administration on the use of foreign iron, steel, and manufactured goods on relocation agreements with state agencies. Utility industry representatives have objected and requested that DOT clarify the requirements, establish consistent, DOT-wide Buy America provisions, and implement a transition period during which the restrictions would not apply, and CALTRANS, a California state agency, has sought a waiver for a significant project, prompting a spectrum of thoughtful comments.


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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....