VA Allowed to Disregard Vet Preference
Client Alert | 1 min read | 06.13.14
In Kingdomware Techs., Inc. v. U.S. (June 3, 2014), a majority of a Federal Circuit panel held that the language of the Veterans Act stating that the VA "shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans" whenever the VA identifies two or more viable competitors was not actually a mandatory requirement, but could be used or not by the VA to meet its annual goals for contract awards to Veteran-Owned Small Businesses (VOSBs) and Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). The dissenting judge, agreeing with the contrary interpretation of GAO, argued Congress had made the provision mandatory so that the VA would meet its goals.
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Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
