NASA Proposes Cyber Lock-Down On Contractors
Client Alert | 1 min read | 08.11.06
Following an outbreak of highly publicized information security breaches ripping through the federal government and prompting new OMB "get-tough" directives, NASA is proposing a new crackdown on contractors that "(1) have physical or electronic access to NASA's computer systems, networks, or IT infrastructure; or (2) use information systems to generate, store, or exchange data with NASA or on behalf of NASA." 71 Fed. Reg. 43408 (Aug. 1, 2006). Under these proposed rules, NASA contractors face a variety of new and expanded cyber requirements that generally add cost and risk to contract performance, including: (1) submitting IT "Security Plans" compliant with National Institute of Standards and Technology (NIST) SP 800-18; (2) performing "Risk Assessments" consistent with Federal Information Processing Standards Publication (FIPS) 199; (3) preparing contingency plans per NIST SP 800-34; (4) conducting annual IT security training; and (5) assuring that contractor personnel with access to NASA IT systems have National Agency Check with Inquiries (NACI) screening.
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Client Alert | 3 min read | 06.12.26
DOJ Guidance Backs Away From Disparate Impact Liability
On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
Client Alert | 13 min read | 06.12.26
Client Alert | 4 min read | 06.12.26

