Category: Dominique L. Casimir

Webinar: Navigating the Impact of President Trump’s Executive Orders on DEI Initiatives

Blank Rome-Hosted Live Webinar
February 19, 2025
1:00–2:00 p.m. EST | 10:00–11:00 a.m. PST


Within days of the new administration taking office, there have been tectonic shifts in the employment law and government contracts landscape affecting all employers, large and small, across every industry and every sector of the economy.

The Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” has implications for any company that has adopted a formal diversity, equity, and inclusion (“DEI”) policy and puts companies on notice that the new administration considers DEI policies and programs to be “illegal” if they have the effect of reverse discrimination under federal anti-discrimination laws. The Executive Order requires the heads of all federal agencies to submit a plan outlining specific measures to deter illegal discrimination or preferences. Additionally, each agency must identify up to nine major corporations or institutions for compliance investigations on DEI violations and the Attorney General has been tasked with developing strategies to deter “illegal discrimination and preferences, including DEI,” in the broader private sector. This plan will be presented in 120 days.

The Executive Order also has drastic implications for federal contractors. It revokes Executive Order 11246, which for 60 years has required federal contractors adopt affirmative action plans. The Executive Order gives federal contractors until April 21, 2025, to end their compliance with Executive Order 11246. All federal contractors will now be expected to certify that they “do not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws” in all contracts with federal agencies.

In addition to this Executive Order, other directives on gender and DEI efforts and civil and criminal enforcement across the private and public sector carry both direct and indirect implications for companies. This landscape is evolving rapidly, influenced by guidance from new agency heads—including the Department of Justice—as well as emerging state-level pressures. Special guest speaker Lisa R. Davis, Senior Managing Director and Co-Lead, DEI Advisory at Teneo, will join Dominique, Anthony, and Brooke to explore the intricate implications of these Executive Orders and offer actionable insights for navigating and communicating changes effectively.

Blank Rome partners Dominique L. Casimir, Anthony B. Haller, and Brooke T. Iley, along with Lisa R. Davis, Senior Managing Director and Co-Lead, DEI Advisory at global CEO consulting and advisory firm Teneo, will serve as speakers for the 60-minute, Blank Rome-hosted live webinar, “Navigating the Impact of President Trump’s Executive Orders on DEI Initiatives,” taking place on Wednesday, February 19, 2025, from 1:00 to 2:00 p.m. EST / 10:00 to 11:00 a.m. PST.

For more information and to register, please visit our website: Navigating the Impact of President Trump’s Executive Orders on DEI Initiatives.

Three Major Features of the New Final Rule on Suspension and Debarment

Dominique L. Casimir ●


Introduction

On January 3, 2025, the Federal Acquisition Regulatory Council (“FAR Council”) published a long-awaited final rule to update suspension and debarment procedures. 90 Fed. Reg. 507. The final rule takes effect January 17, 2025.

As a refresher, suspension and debarment are non-punitive administrative actions by which the federal government excludes non-responsible contractors from eligibility to receive new government contracts and other federal awards. Suspension is a temporary measure, often imposed pending the outcome of an investigation or legal proceedings, when immediate exclusion is necessary to protect the government’s interests. Debarment is a longer-term exclusion, typically lasting up to three years, imposed when, after due process, the Suspending and Debarring Official (“SDO”) finds the contractor non-responsible. Both actions aim to ensure that the government only engages with responsible and reliable contractors.

Suspension and debarment procedures are codified in two distinct regulatory regimes: the Federal Acquisition Regulation (“FAR”), codified in 48 CFR, applies to procurement transactions, which involve the federal government’s acquisition of goods and services; and the Nonprocurement Common Rule (“NCR”), found in 2 CFR part 180, which applies to transactions such as grants, cooperative agreements, and other forms of federal assistance. While both regulatory frameworks aim to protect the government’s interests by excluding unreliable contractors, they differ in their specific procedures and immediate effects.

Continue reading “Three Major Features of the New Final Rule on Suspension and Debarment”

Blank Rome Attorneys Appointed to American Bar Association’s Public Contract Law Section Leadership for the 2024–2025 Term

Blank Rome LLP is pleased to announce that eight attorneys from the firm’s nationally recognized Government Contracts group have been appointed to leadership roles in the American Bar Association’s Public Contract Law Section for the 2024–2025 term.

Visit our website to learn more about their roles and the Section of Public Contract Law.

More Cases and Expanded Data Analytics: A Closer Look at DOJ’s FY 2023 False Claims Act Statistics


Dominique L. Casimir, Luke W. Meier, and Oliver E. Jury ●


The United States Department of Justice (“DOJ”) recently announced its statistics for False Claims Act (“FCA”) FY 2023 settlements and judgments. DOJ recovered $2.68 billion in FY 2023; as usual, the majority of these recoveries (nearly 70 percent, or $1.8B) came from the healthcare industry. DOJ continues to make use of data analytics to inform its enforcement activity.

Background

Comparing year-to-year variance in the volume of DOJ’s FCA recoveries provides only marginal utility. More telling is the rapid expansion of the non-qui tam matters opened during the past two years. In FY 2022, DOJ opened 305 non-qui tam matters, representing approximately 186 percent of its prior ten-year average (164). In FY 2023, this increase continued, with DOJ opening 500 non-qui tam matters—305 percent of the ten-year average over FY 12–21.

Continue reading “More Cases and Expanded Data Analytics: A Closer Look at DOJ’s FY 2023 False Claims Act Statistics”

Deadline Looms for the Submission of Comments on FAR Council’s Proposed Rule Updating Federal Debarment Procedures


Dominique L. Casimir and Patrick F. Collins ●

Introduction

The United States spends hundreds of billions of dollars annually on government contracts, grants, and other forms of federal assistance. Although most entities that receive these awards are good business partners, the government must protect itself from those that lack integrity. One of the ways the government does this is by imposing suspension or debarment, which renders an entity broadly ineligible to receive federal awards for a specified period.

The suspension and debarment regulations at Federal Acquisition Regulation (“FAR”) Subpart 9.4 (which apply to procurement contracts) and at 2 C.F.R. Part 180, known as the Nonprocurement Common Rule (“NCR”) (which apply to nonprocurement transactions such as grants) have remained relatively unchanged for many years. But change may be on the horizon, as the FAR Council recently issued a proposed rule that aims to better harmonize the two regulatory regimes. The period for public comment closes on March 11, 2024—one week from today. Rulemaking is infrequent in this area, so the final rule will be highly anticipated.

Continue reading “Deadline Looms for the Submission of Comments on FAR Council’s Proposed Rule Updating Federal Debarment Procedures”

Meet Our Newest Partner, Robyn Burrows


Justin A. Chiarodo, Dominique L. Casimir, and Robyn N. Burrows

In late 2023, we were very happy to announce that Blank Rome Government Contracts associate Robyn N. Burrows was elevated to partner in our Government Contracts practice in Washington, D.C., effective January 2024.

Robyn is a key member of our practice group who represents clients on a wide range of government contracts matters. She has experience preparing and negotiating complex claims and has litigated disputes before the boards of contract appeal and state and federal courts. Robyn has a particular focus on emerging supply chain and cybersecurity issues and has counseled numerous clients on Section 889 compliance. She also provides counseling on cost/pricing issues, domestic preferences, protection of contractor data and intellectual property, and suspension and debarment matters. She has experience navigating clients through False Claims Act investigations and regularly assists clients in high-value bid protests before the Government Accountability Office and U.S. Court of Federal Claims.

Robyn has also developed particular experience with Department of Energy (“DOE”) contracts, and has handled matters involving whistleblower complaints, civil investigative demands, subcontractor disputes, cost-allowability issues, and other unique DOE requirements applying to management and operating (“M&O”) contractors.

Robyn is a member of the Public Contract Law Section of the American Bar Association, where she is Vice-Chair – Contract Claims & Disputes Committee, Vice-Chair – Cybersecurity, Privacy and Emerging Technology Committee, and has served as the Associate Editor for the section’s quarterly journal, The Procurement Lawyer, since 2021. Robyn also serves on the Washington, D.C. Bar Government Contracts Steering Committee.

Before joining Blank Rome, Robyn represented construction clients in federal contracting matters. During law school, she was a research editor for the George Mason Law Review. She interned with the Honorable R. Terrence Ney of the Fairfax County Circuit Court, and with the administrative judges at the Office of Hearings and Appeals of the U.S. Department of Housing and Urban Development.

We took some time to chat with Robyn to see how she is settling into her new position, and to learn more about her, including what she enjoys doing outside of work!

Continue reading “Meet Our Newest Partner, Robyn Burrows”

My Company Just Got a Notice of Proposed Debarment. Now What?

 

Dominique L. Casimir ●

Receiving a Notice of Proposed Debarment from a federal agency Suspending and Debarring Official (“SDO”) is an alarming moment for any government contractor. It means the government believes there is a basis to question whether the entity is “presently responsible.” Debarment is sometimes referred to colloquially as the “death penalty” for government contractors because of its many, potentially devastating effects. A debarred entity is ineligible to receive new government contracts from any executive agency, not just the agency that imposes the debarment. Additionally, any existing federal contracts cannot be augmented or extended and may even be terminated.

Debarment can also seriously disrupt numerous areas of an entity’s business, including prime-sub relationships, teaming arrangements, and the normal function of the supply chain, because companies involved in government contracts ordinarily avoid partnering with debarred entities, and even entities proposed for debarment. Moreover, there are significant reputational impacts associated with debarment and these can affect everything from workplace morale to customer goodwill and even commercial relationships. And finally, debarment casts a long shadow, because even after the debarment ends, an entity will almost certainly be required to disclose the prior debarment as it pursues future government work.

For these reasons, it is critical to respond effectively to a Notice of Proposed Debarment. This blog post offers suggestions to federal contractors who have been proposed for debarment and are wondering what to do next.

Continue reading “My Company Just Got a Notice of Proposed Debarment. Now What?”

Blank Rome Attorneys Appointed to American Bar Association’s Public Contract Law Section Leadership for the 2023–2024 Term

Blank Rome LLP is pleased to announce that nine attorneys from the firm’s nationally recognized Government Contracts group have been appointed to leadership roles in the American Bar Association’s (“ABA”) Public Contract Law Section for the 2023–2024 term, marking the highest number of ABA Public Contract Law Section leadership positions held by our attorneys in the firm’s history.

Visit our website to learn more about their roles and the Section of Public Contract Law.

Dominique L. Casimir Named Section Chair’s Special Recognition Award Recipient by the ABA Section of Public Contract Law

Blank Rome LLP is pleased to announce that partner Dominique L. Casimir, who serves as co-chair of the firm’s General Litigation group, received the American Bar Association Section of Public Contract Law‘s (“the Section”) Section Chair’s Special Recognition Award. 

Please visit our website to learn more about Dominique’s award.

Exit mobile version
%%footer%%