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

Another day, another executive order (EO) that will transform federal procurement as we know it. A March 20, 2025 EO entitled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” and its accompanying fact sheet call for “[c]onsolidating domestic Federal procurement in the General Services Administration” (GSA), at least with regard to “common goods and services.” 

Continue Reading Executive Order Aims to Consolidate Procurement of Broadly Defined ‘Common Goods and Services’, All IT GWACs, under GSA

As the second Trump administration reaches its 60-day mark, it is a good time to take stock of the US antitrust agencies’ actions. The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have been busy despite the broader government shakeup. Enforcement patterns are emerging. For example, FTC Chairman Andrew Ferguson has been transparent about his priorities—health care, technology platform dominance, and labor. As the timeline below shows, he has wasted no time in implementing initiatives and enforcement in these areas. As for the DOJ, Assistant Attorney General Abigail Slater was sworn in last week, and her enforcement priorities will likely take more shape in the coming 60 days. The DOJ, however, has remained active, especially in the Sherman Act enforcement space.

Continue Reading Antitrust in Trump 2.0—the First 60 Days

Well, it is certainly an interesting time to be a federal government contractor. In the last few weeks, we have seen Executive Orders (EOs) flying fast and furious, and a lot of other activity impacting federal government contractors. Overall, these various new developments have resulted in a flurry of contract modifications, suspensions, and terminations for convenience (and, in some cases, rounds of  retractions, rescissions, and reissuances of same). In addition, changes relating to agency personnel is causing obstacles to contractors’ performance, while tariffs (if they stick around) are likely to cause increased prices and, potentially, supply shortages that could impact performance. With all this going on, what’s a federal contractor to do? McCarter & English has compiled some summary guidance for contractors that can help to answer that very question.  Read on to see how you can successfully navigate these choppy – and somewhat uncharted – waters.

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As St. Patrick’s Day approaches, many of us are on the lookout for four-leaf clovers, a pot of gold, or perhaps even a mischievous leprechaun guarding his treasure. But in the world of government contracting, the real tricksters aren’t wearing green coats and buckled shoes—and there is no gold at the end of the procurement rainbow. Instead, that pot is full of the recently announced tariffs. Effective March 4, 2025, the Trump administration imposed 25 percent tariffs on Mexican and Canadian imports (exclusive of Canada energy imports, where there is a 10 percent tariff) and a 20 percent tariff on Chinese products. While economists, pundits, and the stock market will all have their say on the wisdom behind these actions, such prognostication is of little help to federal contractors who are forced to deal with the very real effects right now.

Continue Reading Tariffs, Leprechauns, and Contract Gold: Navigating the Hidden Costs of Trade Policies

As much we all love Rihanna, it’s a real shame how many contractors have called me in the last few days with issues that remind me of her well-known “Pay Me What You Owe Me” lyrics. They’re brought to mind because contractors are – on an increasing basis – being denied payment on properly invoiced sums. In some cases, contractors have even been expressly advised by agency officials that they will not be paid at all for the foreseeable future. “Don’t submit any future invoices until you hear from us” is becoming a shockingly common refrain. And yet, the work being invoiced was properly performed. There is no allegation of delayed or deficient performance. Indeed, the amounts due are undisputedly owing to the contractor. So what is going on?!?

Continue Reading Pay Me What You Owe Me, Don’t Act Like You Forgot!