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Conflict of Interest by Government Official

Client Alert | less than 1 min read | 11.23.15

In Satellite Tracking of People, LLC (Nov. 6, 2015), GAO sustained what it called a first-of-kind protest concerning a government program manager who had been recently employed by one of the competitors in the procurement. Because the CO had stated in writing prior to proposal submission that the program manager should recuse herself, yet never followed through to enforce the recusal, GAO concluded that a known conflict of interest concern had been left unresolved and, therefore, prejudice to the protester arising from this conflict must be presumed.


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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....