Navigating the New Legal Landscape in President Trump’s Second Term: DEI, Federal Funding, and Litigation Related to Contract and Grant Termination

The second Trump administration has ushered in sweeping changes to federal policy on diversity, equity, and inclusion (DEI), fundamentally altering the compliance landscape for municipalities, public agencies, and their partners. Through a series of executive orders, the administration has mandated the termination of DEI-related programs, contracts, and grants, and has introduced new certification requirements tying federal funding to strict compliance with anti-discrimination laws as interpreted by the current administration. These actions have triggered a wave of litigation, with courts across the country grappling with constitutional, statutory, and administrative challenges to the mass termination of federal funding and the imposition of new contract conditions.

This webinar will provide municipal lawyers with an overview of:

• The key executive orders driving the rollback of DEI initiatives, including the termination of “equity-related” grants and contracts, and the new requirements for DEI certifications in federal agreements.
• The Department of Justice’s Civil Rights Fraud Initiative and the increased use of the False Claims Act to investigate and potentially penalize entities alleged to be in violation of the administration’s interpretation of civil rights laws.
• Recent federal grant and contract terminations and the resulting legal challenges to the validity of these executive actions under the Administrative Procedure Act, including an overview of key cases.
• The jurisdictional complexities of challenging federal grant and contract terminations, including the interplay between district courts and the Court of Federal Claims, and the implications for seeking injunctive or monetary relief.
• Practical impacts for municipalities, including the risk of funding loss, program disruption, and increased litigation exposure, as well as strategies for compliance, risk mitigation, and advocacy.

Attendees will gain timely insights into the current and emerging legal risks associated with DEI programming and federal funding, as well as contract and grant termination litigation and related best practices for those navigating this rapidly changing environment. The session will be especially valuable for municipal attorneys advising on federal grants, contracts, civil rights compliance, and public policy.

Speaker: Dominique Casimir & Sara Gerber