1. Home
  2. |Insights
  3. |DoD Announces First Ever Strategy for a Modernized Defense Industrial Ecosystem

DoD Announces First Ever Strategy for a Modernized Defense Industrial Ecosystem

Client Alert | 1 min read | 01.16.24

On January 11, 2024, the Department of Defense (DoD) announced its first-ever National Defense Industrial Strategy (NDIS) focused on building a modernized industrial ecosystem that provides a sustained competitive advantage to the US over its adversaries.  Specifically, the NDIS provides a strategic framework to guide the DoD’s engagement, policy development, and investment in the industrial base over the next three to five years.  As part of this investment strategy, the NDIS highlights several investment tools and opportunities that DoD is already using to spur growth and innovation in key industries.

The DoD identified four strategic priorities to guide industrial action and resource prioritization:  (i) resilient and secure supply chains; (ii) workforce readiness; (iii) flexible acquisition to lead to the development of strategies that strive for dynamic capabilities while balancing efficiency, maintainability, customization and standardization in defense platforms and support systems; and (iv) economic deterrence to promote fair and effective market mechanisms that support a resilient defense industrial ecosystem among the U.S. and close international allies and partners, economic security, and integrated deterrence.  The DoD also outlined associated actions with, and potential risks of not achieving, each priority. 

Finally, the DoD highlighted systemic risks that may impact achieving these priorities, including an inadequate workforce and skilled workers in manufacturing and engineering careers, inadequate domestic production of key materials and production capacity, instability of procurement (e.g., compliance burdens, changing procurement priorities, and technological obsolescence), and funding uncertainty.

Contacts

Insights

Client Alert | 3 min read | 06.12.26

DOJ Guidance Backs Away From Disparate Impact Liability

On June 9, 2026, the U.S. Department of Justice (DOJ) issued a formal opinion concluding that the Equal Opportunity Employment Commission’s (EEOC) existing interpretations of Title VII of the Civil Rights Act of 1964 (Title VII) disparate-impact liability, including the Uniform Guidelines on Employee Selection Procedures (UGESP), are unconstitutional. According to the opinion, EEOC’s prior interpretations contemplate liability based on disproportionately adverse effects alone, without regard to an employer’s likely intent, rather than treating disparate impact as an evidentiary mechanism to “smoke out” intentional discrimination. DOJ found that this approach functions as a “qualified racial-proportionality mandate” that places “a racial thumb on the scales, often requiring employers to evaluate the racial outcomes of their policies, and to make decisions based on (because of) those racial outcomes.” The opinion fulfills one mandate of Executive Order 14281, which rejected disparate-impact liability insofar as it “creates a near insurmountable presumption that unlawful discrimination exists wherever there are any differences in outcomes among different [demographic groups].”...