In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming? Well, it seems that tomorrow (October 18, 2022) OMB expects the Southern District of Georgia
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Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042
With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters.
On Friday, August 26, the 11th Circuit published a 66-page decision affirming the injunction against the Federal Government’s COVID-19 Vaccine Mandate issued by the…
Court Filing Reveals that DOJ Is Investigating Fintech’s Administration of PPP Loans
By A.J. Dhaliwal & Matthew Lin
A federal court filing by a fintech company revealed that it has been under investigation by the Department of Justice (“DOJ”) in relation to its Paycheck Protection Program (“PPP”) loan approval practices for over a year. This rare disclosure of a pre-indictment DOJ investigation warns that the government is refocusing enforcement efforts to the fintechs and…
Executive Order 14042 – Update 15.0: U.S. District Court “Clarifies” Its Injunction Applies Only to the Vaccine Mandate
Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal to the 11th Circuit, and discussed previously here) by refusing to clarify the injunction. Yes, you read…
Supreme Court Enjoins OSHA Emergency Temporary Standard; Keeps CMS Rule Alive
On January 13, 2022, the Supreme Court reinstated the nationwide injunction of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). (Technically, the Court overturned the Sixth Circuit’s decision dissolving the 5th Circuit’s injunction, discussed in the OSHA Emergency Temporary Standard Survival Guide.) This means the OSHA ETS is no longer…
Executive Order 14042 – Update 12.0: U.S. District Court Issues Nationwide Injunction
Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement of Executive Order 14042 nationwide. EO 14042, as most know by now, imposed vaccination, masking, and physical distancing requirements on domestic federal contractors and subcontractors.…
What We Know And Don’t About The Federal Court Order Enjoining EO 14042
In news that will be of interest to every federal contractor, including large and small businesses, universities, banks, and the health care industry, Executive Order 14042 (along with the related Task Force Guidance and contract clauses) has been ENJOINED in the states of Kentucky, Ohio, and Tennessee. U.S. District Court Judge Gregory F. Van Tatenhove…
Five Key Takeaways For Colleges and Universities From the New Federal Vaccination Mandate
Colleges and universities with U.S. government-sponsored research or other non-grant funding take note. On September 9, 2021, President Biden signed Executive Order 14042 to implement COVID safety protocols for Federal service contractors and subcontractors. Among other things, Executive Order 14042 requires that entities holding Federal contracts (or “contract-like instruments”), including colleges and universities, mandate vaccinations…
Executive Order 14042 Survival Guide
On September 9, 2021, the President issued Executive Order 14042, which applies new rules – including vaccination mandates – to Federal contractors and subcontractors. This rule is different and separate from (and stricter than) the forthcoming OSHA emergency standard applicable to large businesses; because this Federal contractor mandate does not include a weekly testing…
COVID-19 Oversight and Enforcement: President Biden’s COVID Executive Order
On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors. While the EO did not identify specific safety protocols, it did direct a Federal task force (the “Safer Federal Workforce Task Force,” created by Executive Order in January 2021) to issue COVID-19-related workplace safety guidance…
The Special Inspector General for Pandemic Recovery Calls For Increased Funding and Expanded Jurisdiction In Its Quarterly Report To Congress
By Scott Roybal & Matthew Lin
On July 30, 2021, the Special Inspector General for Pandemic Recover (“SIGPR”), Brian D. Miller, submitted his quarterly report to Congress. SIGPR was created as an independent watchdog of the Department of the Treasury under the CARES Act. It is tasked with investigating fraud and abuse of federal stimulus funds in response to COVID-19, and…
Finding the Weak Links – President Biden Executive Order Demands Review of Critical U.S. Supply Chains
On February 24, 2021, President Biden signed Executive Order 14017, “Executive Order on America’s Supply Chains,” requiring a review of global supply chains that support key U.S. industries in an attempt to improve supply chain security for the U.S. government and U.S. companies. The new Executive Order appears to be an initial step…
COVID-19 Enforcement Trends One Year Into the Pandemic
A year after the COVID-19 pandemic hit the United States, it remains to be seen how the Biden Administration will approach enforcement against businesses who received pandemic relief through the CARES Act and other federal spending packages. Nonetheless, patterns of enforcement related to pandemic assistance in 2020 and early 2021 may provide insight into potential…
Authorized Government Contractors Now Covered Persons Under the PREP Act
The Secretary of the U.S. Department of Health and Human Services recently added government contractors to the list of entities eligible for immunity from liability under the Secretary’s March 17, 2020, Public Readiness and Emergency Preparedness Act (“PREP Act”) declaration. The PREP Act protects individuals and companies from liability for death or other tort-like…
“Buy American” Update: FDA Issues List Of Essential Medicines Required By Executive Order
On October 30, 2020 the FDA published a list of essential medicines, medical countermeasures, and critical inputs as required by President Trump’s August 2020 Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Executive Order 13944), which required the U.S. government to purchase “essential” medicines and medical…
“Buy American” Update: FDA Issues List Of Essential Medicines Required By Executive Order
On October 30, 2020 the FDA published a list of essential medicines, medical countermeasures, and critical inputs as required by President Trump’s August 2020 Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Executive Order 13944), which required the U.S. government to purchase “essential” medicines and medical…