- The Justice Manual revisions (1) reinforce DOJ’s efforts to limit the use of sub-regulatory guidance in enforcement actions; and (2) update DOJ’s policy regarding its ability to seek dismissal of qui tam lawsuits, emphasizing that attorneys should continue to assess whether dismissal is appropriate on an ongoing basis.
- The D.C. US Attorney’s Office consolidation of enforcement
IRS Proposal Would Tie Tax-Exempt Status to Expanded Racial Nondiscrimination Policies in Private Schools
The proposal would expand the conditions for maintaining Section 501(c)(3) status and eliminate existing exceptions for certain race-conscious programs.
On September 4, 2026, the Internal Revenue Service (IRS) published proposed regulations that would significantly expand the requirement that private schools holding tax-exempt status under Section 501(c)(3) maintain racially nondiscriminatory policies. The proposed rules, which would come into effect for taxable years beginning on or after May 31, 2027, prohibit any policy or practice that discriminates on the basis of race
What Defense Contractors Should Know About DOD’s Suspension of CMMC Phase 2
The suspension halts the third-party assessment requirement for defense contractors handling Controlled Unclassified Information (CUI), but cybersecurity obligations and potential FCA exposure remain.
By Anne W. Robinson, Kyle R. Jefcoat, Dean W. Baxtresser, Morgan L. Maddoux, Drew Diachenko, Chris Caulder, Ysa Gomez-Gonzalez, and Pascal Jakowec
In a July 13, 2026, memorandum (CMMC Reform Memorandum) and press release, the US Department of Defense (Department of War) suspended Phase 2 of the Cybersecurity Maturity
HSR Update: Fifth Circuit Grants Stay as FTC and DOJ Consider Revisions to HSR Form
The stay pauses litigation over the 2025 HSR form while the FTC and DOJ consider revisions.
By Kyra K. Bromley, Patrick C. English, and Peter M. Todaro
On May 26, 2026, the Fifth Circuit granted the US government’s unopposed motion to stay proceedings in Chamber of Commerce v. FTC (No. 26-40094) through December 31, 2026. The stay pauses litigation over the HSR form that took effect in February 2025 and significantly expanded premerger notification requirements. During the stay
FTC Reverts to “Old” HSR Form After Fifth Circuit Denial of FTC Stay Motion
The ruling impacts those with HSR filings expected to be submitted on or after March 19, 2026.
By Kyra K. Bromley, Patrick C. English, and Peter M. Todaro
The Fifth Circuit has denied the FTC’s motion for a stay pending appeal in Chamber of Commerce v. FTC (No. 26-40094). As a result, while the appeal proceeds, the “old” HSR form (in place prior to February 10, 2025) is in effect. The FTC confirmed that the district court’s
On-Demand Webcast: Navigating DEI Enforcement Risks — Understanding the Evolving Legal Landscape and Mitigating Risks
On November 20, 2025, Latham lawyers discussed compliance with anti-discrimination laws and potential enforcement risks.
By Danielle Conley, Jenna B. Cooper, Anne W. Robinson, and Jude Volek
As part of the evolving legal landscape under the Trump administration, the federal government is leveraging the False Claims Act (FCA) to target efforts related to diversity, equity, and inclusion (DEI) and other practices that allegedly implicate federal anti-discrimination laws. This approach could significantly impact private and publicly traded companies
President Trump Issues Executive Order on Fair Banking
Regulators are directed to avoid reputation risk, identify banks that have engaged in unlawful debanking, and take appropriate remedial actions.
By Marc P. Berger, Betty M. Huber, Arthur S. Long, Benjamin Naftalis, Parag Patel, Stephen P. Wink, Douglas K. Yatter, Pia Naib, and Deric Behar
On August 7, 2025, President Trump issued an executive order titled “Guaranteeing Fair Banking for All Americans” (the Order). The Order, described further in an accompanying fact
One Big Beautiful Bill: Key Business and Investment Impacts
- Makes permanent the Section 199A pass-through entity deduction, 100% first-year bonus depreciation, expensing of research and experimental costs, reduced limitation on business interest deductions, lower individual
DOJ Issues Guidance on “Unlawful Discrimination”
The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector.
By Danielle Conley, Danielle J. McCall, Anne W. Robinson, Jude Volek, Rhea Marie Fernandes, and Catherine J. Yao
On July 29, 2025, US Attorney General Pam Bondi issued a memorandum that provides guidance for recipients of federal funding regarding “unlawful discrimination” on the basis of race, color, national origin, sex, religion, or other protected characteristics