On February 18, 2026, the General Services Administration (“GSA”) issued a proposed revision to the certifications that federal financial assistance recipients or applicants must make in order to register in the System for Award Management (“SAM”), adding certifications related to diversity, equity, and inclusion programs; immigration; and national security. The proposed revision also addresses applicability in the event of an active injunction. Public comment is due by March 30, 2026.Continue Reading GSA Proposes New SAM Certification Language for Federal Funding Recipients Addressing DEI, Immigration, and National Security
Alex Thomson
Alex Thomson is an associate in the firm’s Washington, DC office and is a member of the White Collar Defense and Investigations and Institutional Culture and Social Responsibility Practice Groups. He has extensive experience conducting civil rights and racial equity assessments for leading corporations, investigating workplace cultural issues including reports of misconduct, harassment, and discrimination, and advising clients on the lawful design and implementation of diversity, equity, and inclusion processes and practices.
Alex also advises clients responding to high-profile investigations before the Department of Justice that entail significant legal and reputational risks. His practice focuses on white collar criminal defense and government and internal investigations.
Alex serves on the Board of Directors for the Joint Distribution Committee (JDC), the leading global Jewish humanitarian organization. Prior to joining Covington, Alex served as a law clerk to the U.S. House Committee on the Judiciary and was a fundraiser for the Jewish Federation of Boston. He also has served on national finance committees for two presidential campaigns.
DOJ Issues Memorandum for Federal Funding Recipients Addressing“Unlawful Discrimination” Practices
On July 29, 2025, Attorney General Pam Bondi issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination.” The memorandum purports to offer “guidance” and “Best Practices” to recipients of federal funding, including “non-binding suggestions to help entities comply with federal antidiscrimination laws and avoid legal pitfalls.” …
Continue Reading DOJ Issues Memorandum for Federal Funding Recipients Addressing“Unlawful Discrimination” PracticesEuropean Companies Wrestle with U.S. Government’s Anti-DEI Push
On March 29, United States embassies across Europe began sending letters and an accompanying “Certification regarding compliance with applicable federal anti-discrimination law” to companies in Belgium, Bulgaria, Denmark, France, Italy, Luxembourg, and Spain. This certification purports to apply Executive Order (“EO”) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) to U.S. government suppliers and contractors based in Europe “regardless of their nationality and the country in which they operate.” As we wrote in a prior alert, the Trump administration intends for EO 14173 to end what it considers to be “illegal preferences and discrimination” including those “under the guise of so-called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA)” programs by prescribing required provisions for federal contracts. Continue Reading European Companies Wrestle with U.S. Government’s Anti-DEI Push