Shades of Lazarus: Is Blacklisting Rule Coming Back to Life?
Client Alert | 1 min read | 07.17.17
On June 26, 2017, Senator Elizabeth Warren (D-MA) introduced a new bill titled the Contractor Accountability and Workplace Safety Act of 2017 (S. 1440) aimed at holding Department of Defense (DoD) contractors and covered subcontractors accountable for workplace safety and health violations of federal and equivalent state labor laws. Three days later, during a closed mark-up of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 in the Senate Armed Services Committee (SASC), Senator Warren introduced – and the SASC accepted – an amendment to the NDAA at Sections 830 and 831, similar to S. 1440. Under both S. 1440, and Sections 830-831 in the Senate’s version of the NDAA, which echo the Obama-era “Fair Pay and Safe Workplaces” EO and implementing regulations, DoD contracting officers would be required to consider workplace safety and health violations when evaluating the responsibility of a prospective DoD contractor prior to awarding or renewing a contract valued in excess of $1,000,000, and, as appropriate, refer matters related to these violations to the DoD Suspension and Debarment Official, ostensibly to ensure contractors’ compliance with these existing laws and establish a goal for DoD to work with responsible, compliant contractors.
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Client Alert | 2 min read | 07.15.26
CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights.
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
Client Alert | 3 min read | 07.13.26
Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine



