Tag: executive orders

Webinar: Impacts on Government Contractors: 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies

Blank Rome-Hosted Live Webinar
July 29, 2025
12:00–1:00 p.m. EDT | 9:00–10:00 a.m. PDT


Please join Blank Rome Government Contracts attorneys Justin A. Chiarodo, Dominique L. Casimir, Robyn N. Burrows, and Sara N. Gerber for this timely webinar with key updates for government contractors navigating the first 180 days of the Trump Administration, and the days ahead.

Topics include:

  • Civil rights enforcement / diversity, equity, and inclusion
  • Federal Acquisition Regulation update
  • Contract and grant terminations 

This session is part of Blank Rome’s summer live webinar series 180 Days of the Trump Administration—Quick Hits on Executive Orders, Actions, and Policies (ending on Wednesday, August, 13, 2025), where our interdisciplinary Trump Administration Resource Team is unpacking the most pressing legal, regulatory, and policy developments from the Trump administration’s first 180 days.

Click here to register for the July 29 government contractor session and for any future sessions: Summer 2025- Trump 180 Day Webinar Series | RSVP Blank.

You may also view any past sessions on demand here: On-Demand Webinar Series: 180 Days of the Trump Administration.

Department of Justice Announces New Initiative to Combat Civil Rights Fraud Using the False Claims Act

Dominique L. Casimir, Jennifer A. Short, and Brooke T. Iley ●


From time to time, the Department of Justice (“DOJ”) has established initiatives, task forces, or strike teams to advance its enforcement priorities. In recent years, DOJ has announced a Procurement Collusion Strike Force, a COVID-19 Fraud Enforcement Task Force, and a Civil Cyber-Fraud Initiative, in each instance explicitly invoking a plan to use the False Claims Act (“FCA”) for civil enforcement. 

DOJ announced the latest version of this enforcement approach on May 19, 2025, when Deputy Attorney General Todd Blanche issued a memorandum announcing a new Civil Rights Fraud Initiative (“the Initiative”), described as a coordinated and “vigorous” effort to leverage the specter of FCA liability against recipients of federal funding alleged to be violating civil rights laws. The types of alleged civil rights violations targeted by this Initiative relate to diversity, equity, and inclusion (“DEI”) programs, antisemitism, and transgender policy, all of which dovetail with a number of Executive Orders (“EOs”) expressing President Trump’s approach to these issues.

Relevant Executive Orders

Some of the EOs relevant to the Civil Rights Fraud Initiative include:

EO No. 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing (January 20, 2025). This EO directs federal government agencies to end DEI and diversity, equity, inclusion, and accessibility (“DEIA”) programs, to eliminate positions such as “Chief Diversity Officer,” and to terminate grants and contracts related to DEI and DEIA. It also orders a review of federal employment practices to ensure they focus on individual merit rather than DEI factors.

EO No. 14168: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (January 20, 2025). This EO declares, as United States’ policy, that there are two immutable sexes (male and female), based on biological reality. It requires changes to government-issued identification documents and prohibits federal funding for so-called “gender ideology.”

EO No. 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity (January 21, 2025). This EO requires that all federal contracts and grants include a certification that recipients do not operate any DEI programs that violate applicable antidiscrimination laws and affirms that compliance with federal anti-discrimination laws is material to government payment decisions. Additionally, the EO directs DOJ to identify key sectors and entities for DEI-related enforcement, and to recommend strategies to end “illegal DEI discrimination” in the private sector.

EO No. 14188: Additional Measures To Combat Anti-Semitism (January 29, 2025). This EO reaffirms EO 13899 from December 11, 2019, which aimed to combat antisemitism, particularly in educational institutions. It directs various federal agencies to identify actions to curb antisemitism and recommends monitoring foreign students and staff for antisemitic actions.

EO No. 14201: Keeping Men Out of Women’s Sports (February 5, 2025). This EO aims to exclude transgender individuals from competing in women’s sports. It directs the Secretary of Education to rescind funding from educational institutions that do not comply.

Read the full client alert on our website.

Attention Department of Labor Contractors and Grantees: A Federal Court Hits Pause on Executive Orders Related to Diversity, Equity, and Inclusion

Dominique L. Casimir ●

Federal courts continue to grapple with challenges to President Trump’s executive orders (“EOs”) related to diversity, equity, and inclusion (“DEI”), particularly EO 14151, Ending Radical And Wasteful Government DEI Programs And Preferencing, and EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. As we’ve noted in our coverage of the litigation first filed in the District Court of Maryland, there has been a sense of whiplash among the courts, with the District Court initially issuing a nationwide injunction that was then stayed by the Fourth Circuit Court of Appeals. Now a second federal court has weighed in, issuing a new, nationwide temporary restraining order (“TRO”). This new TRO is more limited than the prior preliminary injunction issued by the District Court of Maryland, in that the new TRO only applies to Department of Labor (“DOL”) contractors and grantees. Nevertheless, the Court’s reasoning could be helpful to the contractors and grantees of other agencies facing renewed demands to execute the DEI Certification.

Continue reading “Attention Department of Labor Contractors and Grantees: A Federal Court Hits Pause on Executive Orders Related to Diversity, Equity, and Inclusion”

Five Practical Tips for Government Contractors Navigating the Executive Order Chaos

Merle M. DeLancey, Jr. ●

Federal government contractors are living in a climate of uncertainty. Executive orders affecting government contracts are being issued at a rapid pace. The executive orders tend to be broad and high-level with regulatory guidance to follow. This is not abnormal. However, the sheer number of executive orders and the magnitude of the regulatory changes they seek to impose is a new phenomenon. Contractors are left to determine what they should be doing, if anything, and when. Set forth below are practical suggestions for contractors to consider during this unsettling time.[1]

  1. Communicate with your Contracting Officer

During the chaos, it is important to communicate with your contracting officer. Only contracting officers are authorized to modify contracts. Do not blindly accept direction from contract specialists or others who purport to be speaking on behalf of the government. Direction received from anyone other than a contracting officer should be immediately relayed to your contracting officer with a request for clarification or guidance. 

Also, be prepared for unclear responses from your contracting officer. Like you, contracting officers also are living through this chaos. They may not have received clear direction to pass on to contractors. Aim to keep your communications with your contracting officer respectful. 

  1. Executive Orders are not Contract Modifications

Remember that executive orders are not contract modifications. Contractors should not change their contract performance or their compliance with, for example, socioeconomic programs unless or until a contract modification signed by a contracting officer. This may be difficult for contractors when they think they can see the writing on the wall. But regulatory and policy changes can occur and, thus, even well-intentioned contractors might make changes they did not need to make or that are different from what is required from a formal contract modification.

  1. Continue Contract Performance

Along the same lines, contractors need to continue contract performance in accordance with the four corners of the contract unless or until a contract is modified. Failure to do so could be considered breach of contract. With the plethora of contract terminations being reported, contractors should not put themselves in the crosshairs by failing to comply with the terms and conditions of their contract, thereby giving the government a basis to terminate for default.  And remember, if you believe the government has breached or improperly changed a contract, a contractor is required to continue performance and seek relief in accordance with the FAR Disputes clause.

  1. Communicate with your Subcontractors

Just as a prime contractor craves concrete guidance from a contracting officer regarding what to do, subcontractors also need guidance and oftentimes more so, because they are unable to communicate directly with the government. Thus, a good practice for prime contractors is to pass along any guidance received from a contracting officer to its subcontractors. Prime contractors also should remind their subcontractors about their obligations to continue contract performance.

  1. Prepare to Defend Your Contract

Contractors also should be prepared to explain the importance of their contracts to the government. To be proactive, contractors should draft narratives explaining the importance of their work and how their performance exceeds contract requirements. Contracts that are considered to “add value” are less likely to be found on the so-called “chopping block.” If appropriate, a contractor should consider including recommendations, for example, regarding how its work can be performed more effectively or efficiently. 

We hope this practical advice will help you navigate the government contracting chaos until the dust settles. 

[1] See our previous related blog posts: Understanding President Trump’s Executive Orders on DEI: Implications for Federal Contractors;  What Contractors Facing Terminations, Stop-Work Orders, and Suspension of Work Orders Directed by the Trump Administration Need to Know;  Fixed Price Contracts: Government Contractors Beware;  What GSA Contractors Need to Know About the New FAR Deviation for Revoked Executive Order 11246, Equal Employment Opportunity;  Preliminary Injunction Granted Related to DEI-Related Executive Orders—Takeaways for Government Contractors;  President Trump Signs New Executive Order: “Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative”—What Federal Contractors Need to Know.

Today’s General Counsel referenced this post in an article on March 17, 2025. Read the article here: Risk Management for Federal Contractors During Regulatory Changes.

ABA Section of Public Contract Law’s Roundtable on Impact of New Administration on Government Contracting

February 26, 2025
2:00–4:00 p.m.
McLean, Virginia

Blank Rome partner Jennifer Short will serve as a panelist at the American Bar Association (“ABA”) Section of Public Contract Law’s “Roundtable on Impact of New Administration on Government Contracting,” taking place in McLean, Virginia, on Wednesday, February 26, 2025, from 2:00 to 4:00 p.m., with a light reception to follow. A virtual participation option will be available.

ABOUT THE PROGRAM

The panel will discuss the impact of the new administration on government contracting, including the President’s Executive Orders regarding DEI and how to respond to them; stop works, terminations, and other contract actions and what contractors can be doing in light of them; and the legal issues surrounding a decision by the Executive Office not to spend appropriated funds.

Panelists:

  • Facilitator: Jeff Chiow, Greenberg Traurig LLP
  • Jayna Marie Rust, Thompson Coburn LLP
  • Jennifer Short, Blank Rome LLP

For more information, please visit the registration page.

Preliminary Injunction Granted Related to DEI-Related Executive Orders—Takeaways for Government Contractors

Dominique L. Casimir ●

In the four weeks since President Trump issued Executive Order (“EO”) 14151 (“Ending Radical and Wasteful Government DEI Programs and Preferencing”) and EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”), virtually all sectors of American society have been scrambling to understand their compliance obligations and seeking to reduce legal risk. Businesses have taken a range of approaches, from preparing to defend their diversity, equity, and inclusion (“DEI”) commitments to removing public-facing references to DEI. Some government contractors have received DEI-related certifications required by EO 14173, which implicate enforcement under the False Claims Act (“FCA”).

In a significant new development, on February 21, 2025, the United States District Court for the District of Maryland issued a nationwide preliminary injunction against both EO 14151 and EO 14173. Here’s what federal contractors need to know.

Continue reading “Preliminary Injunction Granted Related to DEI-Related Executive Orders—Takeaways for Government Contractors”

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.

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