Quick Hit: On April 24, 2026, the Department of Justice intervened in a lawsuit filed by xAI, a company owned by Elon Musk, challenging the Colorado Artificial Intelligence Act (the “AI Act”). If successful, the effort could prevent or delay the implementation of the AI Act, which is set to take effect
Guy Brenner
Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.
Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.
Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.
Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.
Trump Order Prohibiting Contractors’ “Racially Discriminatory DEI Activities” Challenged in Federal Lawsuit
Quick Hit: A complaint has been filed in the U.S. District Court for the District of Maryland, contending that President Trump’s recent Executive Order (the “Order”) barring contractors from engaging in “racially discriminatory DEI activities” violates First Amendment free speech and freedom of association rights of federal contractors, and exceeds…
FAR Council’s PRA Request for New Contractor Anti-DEI Requirement Raises Speculation About Annual Information Collection
Quick Hit: On April 17, 2026, the Federal Acquisition Regulatory Council (the “FAR Council”) submitted a justification pursuant to the Paperwork Reduction Act (“PRA”), seeking emergency clearance from the Office of Management and Budget (“OMB”) to permit collection of information to comply with Executive Order 14398 (the “Order”), “which…
FAR Council Begins Rapid Implementation of New Contractor DEI Restrictions to New and Existing Contracts
Quick Hit: On April 17, 2026, the Federal Acquisition Regulatory Council (the “FAR Council”) commenced implementation of Executive Order 14398 (“the Order”). In its memorandum issued to government acquisition and procurement officials, the FAR Council provides guidance regarding the implementation of the Order, which it describes as establishing “that agencies…
DOJ Resolves First DEI-Related False Claims Act Matter with IBM for $17 Million
Quick Hit: On April 10, 2026, the Department of Justice (“DOJ”) announced the first False Claims Act (“FCA”) resolution secured under its Civil Rights Fraud Initiative. The settlement resolves allegations that International Business Machines Corporation (“IBM”) violated the FCA “by failing to comply with anti-discrimination requirements in its federal…
Proposal Will Require Federal Grant Recipients to Certify DEI Compliance Requirements to Register with System for Award Management
Quick Hit: A proposed change to the certification required for registration with the System for Award Management (“SAM”), if adopted, will expand the certifications required for entities applying for or receiving grants, cooperative agreements, or financial assistance such as loans, insurance, and direct appropriations from the federal government. The…
New Executive Order Targets “Racially Discriminatory DEI Activities” by Federal Contractors and Subcontractors
Quick Hit: On March 26, 2026, President Trump signed an Executive Order titled “Addressing DEI Discrimination by Federal Contractors” (the “Order”) which mandates the inclusion of a new clause (the “Clause”) in all covered federal contracts and contract-like instruments prohibiting federal contractors from engaging in “racially discriminatory DEI…
OFCCP Reorganizes Remaining Staff Following Dramatic Downsizing
OFCCP is undergoing yet another significant organizational shift, as the agency’s director recently announced a restructuring plan for its remaining workforce. This development signals the latest chapter in the OFCCP’s transformation under the Trump Administration.
According to reports, OFCCP Director Ashley Romanias recently informed staff of a reorganization plan…
VETS-4212 Data Now Available on New DOL Open Data Portal
The U.S. Department of Labor (“DOL”) recently launched its new Open Data Portal, which “helps bring the department into alignment with the OPEN Government Data Act of 2019 and the Federal Data Strategy established during President Trump’s first administration.”
Of note for federal contractors, the portal includes data from…
Ninth Circuit’s FOIA Ruling Moves Toward Implementation in EEO‑1 Disclosure Case
Updated on February 12, 2026.
On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Department of Labor jointly asked the United States District Court for the Northern District of California to lift the temporary stay that has halted disclosure of certain federal contractors’ EEO-1 Type…