Client alert: Federal court pauses DEI executive orders

February 21, 2025

On February 21, 2025, a federal court issued a nation-wide preliminary injunction that temporarily stops President Trump’s efforts to criminalize programs that support diversity, equity, and inclusion (DEI). In issuing its order, the court found that the Trump Administration’s assault on DEI likely violates the constitution, including the right to free speech.

Of particular relevance to our clients, the court held that President Trump’s DEI executive orders are unconstitutionally vague and ambiguous because they leave federal contractors and grantees with no way of knowing how to comply with the law.

This is a rapidly changing situation, so please contact Josh Schnell if you have questions about DEI terminations or related compliance issues.

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State Department Enacts New Foreign Assistance Regulations

In late January, the U.S. Department of State published three final rules implementing the Protecting Human Flourishing in Foreign Assistance Policy (PHFFA Policy). Effective February 26, 2026, these rules introduce new conduct restrictions, operational requirements, and compliance obligations for organizations receiving U.S. foreign assistance. Click the the link for our client advisory on these new requirements.

Published on:January 21, 2026

Josh Schnell elected to the Board of Governors of the U.S. Court of Federal Claims Bar Association

Partner Josh Schnell was recently elected to the Board of Governors of the U.S. Court of Federal Claims (COFC) Bar Association. Since its founding in 1987, the COFC Bar Association has supported the Court and promoted justice in disputes between the United States government and its citizens.

Published on:December 21, 2025

AP – “Some Native Americans draw shocked response over contract to design immigration detention centers”

Josh Schnell was interviewed by the Associated Press regarding allegations of waste, fraud, and abuse in 8(a) set-aside contracts. In the article, which focuses on Department of Homeland Security sole-source 8(a) contracts, Josh stressed the importance of competition and transparency in federal contracting. Click the link to read the article in Politico.

Client alert: Federal court pauses DEI executive orders

Related Resources

State Department Enacts New Foreign Assistance Regulations

Josh Schnell elected to the Board of Governors of the U.S. Court of Federal Claims Bar Association

AP – “Some Native Americans draw shocked response over contract to design immigration detention centers”

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