Zachary Myers, the former United States Attorney for the Southern District of Indiana, has officially joined McCarter & English’s Indianapolis office as a partner in the Business Litigation group. He will also serve as a co-leader of the firm’s multidisciplinary Cybersecurity & Data Privacy team. Zach brings extensive experience in high-stakes litigation and cybersecurity. As part of his practice, he will counsel clients in navigating federal government issues, including congressional inquiries and regulatory matters.

Continue Reading Former US Attorney Zach Myers Joins McCarter & English

On April 15, 2025, President Trump issued a sweeping executive order (EO), “Restoring Common Sense to Federal Procurement.” As reflected in its accompanying Fact Sheet, the EO promises to rewrite the Federal Acquisition Regulation (FAR), eliminate most non-statutory provisions, and usher in the “most agile, effective, and efficient procurement system possible.” As the first comprehensive overhaul of the FAR in its nearly 40-year history, the forthcoming changes may dramatically reshape how businesses of all stripes engage with the federal government. But beyond its big promises and patriotic flair, the proposed overhaul raises critical questions: Can it really be done in six months? What happens to the thousands of existing regulations around which contractors have built compliance programs?

Continue Reading Hold My Beer: The Trump Administration’s Bold Plan to Rewrite the FAR

On April 15, 2025, the Department of Defense (DoD) released official guidance on Organizationally Defined Parameters (ODPs) appearing in the newly published NIST SP 800-171 Revision 3. At the same time, the DoD reaffirmed that contractors must continue complying with Revision 2 thanks to a previously issued class deviation. What does this mean in plain terms? The DoD is slowly pulling back the curtain on the next major shift in cybersecurity compliance. Still, the full prestige hasn’t happened yet.

Continue Reading The “Prestige”: DoD Unveils NIST SP 800-171 Revision 3, Organizationally Defined Parameters

New Hart-Scott-Rodino premerger notification rules, which took effect in February, require that companies now provide more information than ever before about their prospective mergers. Meanwhile, both federal and state antitrust enforcers continue to step up scrutiny of data-related antitrust harms such as information sharing, monopolization, and price coordination, and private litigants are also filing claims. Data has long been used by companies to benchmark performance metrics, from pricing to inventory levels, and to manage revenue. But as data volume has increased, so too has the risk of violating antitrust laws through higher levels of interconnection. Big data could facilitate price coordination, potentially rising to the level of price fixing, and could thus entrench the market power of companies that have amassed data critical to the ability to compete.

Continue Reading Mo’ Data, Mo’ Problems: Antitrust Risk in the Age of Big Data

The Department of Justice (DOJ) recently announced a task force designed to eliminate anticompetitive state and federal laws and regulations that “undermine free market competition and harm consumers, workers, and businesses.” This followed President Trump’s Executive Order 14192, which had similar goals, and the Federal Trade Commission joined the DOJ in its announcement.

Continue Reading The US Antitrust Agencies Join Forces to Cut the Red Tape 

23andMe, a pioneer in the DNA testing kit industry, announced that it has filed for Chapter 11 bankruptcy protection and recently asked to select an independent customer data representative regarding any sale of user data. Its bankruptcy raises issues about data privacy and what companies must do to protect that data for the benefit of their customers and to protect themselves from litigation or violations of US and international privacy laws.

Continue Reading Follow the Breadcrumbs: Where Does Consumer Data Go as 23andMe Goes Bankrupt?

In recent months, federal contractors have seen an uptick in very specific types of contracting activity. As a result of various Executive Orders and DOGE directives for agencies to conduct contract reviews and engage in mass contract cancellations, there has been a flurry of terminations for convenience, suspensions/stop-work orders, and contract modifications. Payments—even those undisputedly due and owing—have been delayed, and other EO- and DOGE-related impacts (as well as mass federal employee layoffs) have given rise to various claim issues. Many contractors have been left confused and unsure how to proceed in response these developments. This Comment seeks to address those concerns and provide contractors with a guide on how to navigate recent challenges, with a focus on preserving claim rights and maximizing recovery. Because of the breadth and complexity of the issues faced by Federal Government contractors in the current climate, this Comment has been drafted in two parts. The first installment, published March 26, 2025, 67 GC ¶ 64, addressed the issue of unpaid invoices and discussed terminations for convenience. This installment discusses suspensions and stop-work orders, as well as the potential for other types of claims arising out of EOs, DOGE-related impacts, and tariffs.

Click to read the full article in The Government Contractor.

In recent months, federal contractors have seen an uptick in very specific types of contracting activity. As a result of various Executive Orders, and DOGE directives for agencies to conduct contract reviews and engage in mass contract cancellations, there has been a flurry of terminations for convenience, suspensions/stop-work orders, and contract modifications. Payments—even those undisputedly due and owing—have been delayed, and other EO- and DOGE-related impacts (as well as mass federal employee layoffs) have given rise to various claim issues. Many contractors have been left confused, and unsure how to proceed in response to these developments. This Comment seeks to address those concerns and provide contractors with a guide on how to navigate recent challenges, with a focus on preserving claim rights and maximizing recovery. Because of the breadth and complexity of the issues faced by Federal Government contractors in the current climate, this Comment has been drafted in two parts. This, the first of two installments, addresses the issue of unpaid invoices, and discusses terminations for convenience. Next month’s follow-up will discuss suspensions and stop-work orders, as well as the potential for other types of claims arising out of EOs, DOGE-related impacts, and tariffs.

Click to read the full article in The Government Contractor.

WASHINGTON (March 25, 2025) – McCarter & English today announced that Erin Prest, former FBI Privacy & Civil Liberties Officer and Deputy General Counsel has joined the firm’s cybersecurity team as a partner in the firm’s Washington, DC office. Prest joins following an exemplary 18-year career at the FBI, where she oversaw the agency’s data security and privacy protection practices, its responses to breaches and cybersecurity events impacting FBI information, and provided guidance to FBI executives to protect the civil liberties of individuals under investigation. As Deputy General Counsel, she also oversaw the legal guidance related to criminal investigative activities, crisis response, procurement, criminal history information, and DNA matters among others.

Continue Reading McCarter & English Welcomes Erin Prest Former Privacy & Civil Liberties Officer and Deputy General Counsel of FBI to Cybersecurity and Data Privacy Practice

Over the past few months, the second Trump administration has taken quick actions to suspend and terminate federal awards predating the transition of power. Many of these actions have resulted in the termination of “federal financial assistance”—specifically, grants and cooperative agreements. Organizations that have seen their grants and cooperative agreements terminated have pushed back through the courts with varying success, contending that agencies have acted arbitrarily in violation of the Administrative Procedure Act (APA). While there are many cases, this post provides an overview of three recent decisions in this rapidly developing landscape:

Continue Reading In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In