Publications Archives | Page 2 of 67

Sustainable Procurement: A Closer Look at the New Federal Acquisition Regulation (FAR)

By: Katherine B. Burrows, Eric Valle, Dozier L. Gardner, Jr.

In recent years, the U.S. government made sustainability a priority in its procurement practices. To accomplish this goal, the FAR Council published a new final rule (Rule), primarily addressing sustainability practices and enforcing agency obligations to procure sustainable products and services. Below, PilieroMazza highlights key aspects of the Rule and outlines potential challenges and opportunities for federal government contractors. The Rule On April 22, 2024, the FAR Council published a new rule that takes effect today, May 22, 2024, focused on sustainable procurement . . . Read More

Impact of 11th Circuit’s Sovereign Immunity Waiver Decision on Tribally-Owned Businesses in SBA’s 8(a) Program

Blog, Tribal Advocate 05.03.24

By: Matthew E. Feinberg

On May 1, 2024, the U.S. Court of Appeals for the Eleventh Circuit issued a sweeping decision impacting sovereign immunity for tribally-owned government contractors. The first-of-its-kind appellate decision concludes that by participating in the U.S. Small Business Administration’s (SBA) 8(a) Business Development Program (8(a) Program), tribally-owned entities waive sovereign immunity as to virtually all—if not all—claims connected in any way to the entity’s 8(a) Program participation, regardless of the tenuous nature of the connection. Tribally-owned government contractors should adjust their . . . Read More

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban

Client Alerts 04.24.24

By: Nichole D. Atallah, Sarah L. Nash

On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against any non-executive employee (“Non-Compete Clause Rule”). As suspected, business groups, including the U.S. Chamber of Commerce, worked quickly to file a complaint in the U.S. District Court for the Eastern District of Texas arguing that the FTC lacks the authority to promulgate rules that define unfair competition, violating the Administrative Procedures Act, and is limited to challenging anti-competitive practices. As we await the . . . Read More