Administrative

The artificial intelligence industry could face a new, dedicated congressional investigative committee if Democratic Members of Congress take control of the House of Representatives following November’s midterm elections.  The House Democratic leaders are reportedly laying the groundwork to create a select committee focused on artificial intelligence (“AI”) in the new Congress, potentially with a broad…

On September 3, 2026 the Department of War (DoW) issued Revision 3 to its Class Deviation and associated Procedures, Guidance and Information (PGI) that implements a new Part 240 (consistent with the Revolutionary FAR Overhaul of Part 40, which we reported on in July).  Like the proposed FAR Rule, this DFARS Class Deviation addresses supply…

Former Apollo Global Management CEO Leon Black has taken the unusual step of filing a lawsuit seeking to preclude the House of Representatives’ Committee on Oversight and Government Reform from enforcing subpoenas the Committee issued in its investigations related to Jeffrey Epstein.  Black’s complaint, which challenges the Committee’s authority to enforce its subpoenas through civil…

On August 26, 2026, President Trump issued Executive Order 14421, Declaring a National Emergency to Secure the United States Bulk-Power System. The Order establishes a new national security regulatory framework for a broad range of equipment, software, services, and supply chain relationships associated with the U.S. electric grid. Although the Order is framed as…

On September 3, 2026, the Securities and Exchange Commission (“SEC”) voted to propose rescinding in its entirety Rule 206(4)-5 under the Investment Advisers Act of 1940, the agency’s longstanding “pay-to-play rule” applicable to investment advisers. If finalized, the proposal would eliminate the most significant federal political law compliance regime for investment advisers and reverse a…

A recent decision by the U.S. Court of Federal Claims (“COFC”) serves as an important reminder that forum selection under the Contract Disputes Act (“CDA”) can have consequences that extend beyond a single appeal. In Gilbane Federal v. United States, 182 Fed. Cl. 177 (2026), the Court transferred a contractor’s claim to the Armed…

On September 1, 2026, the Cost Accounting Standards (“CAS”) Board published two final rules implementing seismic changes to cost accounting requirements for federal government contractors.  The most significant change implements a requirement in last year’s National Defense Authorization Act (“NDAA”), doubling the dollar value threshold for full coverage under CAS.  These changes take effect on…

As widely reported, the Senate Homeland Security and Governmental Affairs Committee voted to hold Dr. Anthony Fauci in contempt of Congress following his appearance before the Committee in July, where he refused to answer the Committee’s questions by asserting his rights under the Fifth Amendment.  At the same time, the procedure used by Chairman Rand…

The Civilian Board of Contract Appeals (“CBCA” or the “Board”) recently issued a stark reminder that discovery misconduct can be case-dispositive.  In Venergy Group, LLC v. Department of Veterans Affairs, the Board dismissed a contractor’s $4.2 million affirmative claim after finding that financial statements produced during discovery had been intentionally manipulated to support larger…