Featured Stories
Shannon Dugan Elected Chair of State Bar of Texas Aviation & Space Law Section
AUSTIN, Texas, Aug. 26 -- Jackson Walker, a law firm, issued the following news:
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Shannon Dugan Elected Chair of State Bar of Texas Aviation & Space Law Section
Jackson Walker is pleased to announce that Fort Worth associate Shannon Dugan has been elected Chair of the State Bar of Texas Aviation & Space Law Section.
Shannon will serve a one-year term leading the Section, a voluntary organization of the State Bar of Texas that supports attorneys who practice in, or have an interest in, aviation and space law. Her election follows her prior service as Vice Chair of the Section.
"I'm honored
... Show Full Article
AUSTIN, Texas, Aug. 26 -- Jackson Walker, a law firm, issued the following news:
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Shannon Dugan Elected Chair of State Bar of Texas Aviation & Space Law Section
Jackson Walker is pleased to announce that Fort Worth associate Shannon Dugan has been elected Chair of the State Bar of Texas Aviation & Space Law Section.
Shannon will serve a one-year term leading the Section, a voluntary organization of the State Bar of Texas that supports attorneys who practice in, or have an interest in, aviation and space law. Her election follows her prior service as Vice Chair of the Section.
"I'm honoredto serve as Chair of the Aviation & Space Law Section and to work alongside colleagues who are committed to supporting lawyers in this specialized and evolving area of practice," Shannon said. "I look forward to helping advance the Section's educational programming, professional connections, and engagement with aviation-related legal issues across Texas."
As Chair, Shannon will help advance the Section's mission to provide education, resources, and community for attorneys practicing aviation and space law in Texas.
The Aviation & Space Law Section promotes the study and understanding of aviation and space law, legislation, and regulations. The Section also encourages the growth of the specialty, fosters connections among practitioners, serves as a resource for engagement with local, state, and federal governmental entities affecting aviation law, and supports aviation safety advocacy in legislative and regulatory matters.
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Meet Shannon
Shannon Dugan is a litigation associate who represents corporate and individual clients in aviation, transportation, insurance coverage, product liability, and commercial disputes. She has managed matters in state and federal courts across Texas, Oklahoma, New Mexico, and Ohio, including conducting depositions, leading mediations, and arguing dispositive motions. Shannon also brings appellate experience, having drafted briefs for the Fifth Court of Appeals and the Supreme Court of Texas.
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Original text here: https://www.jw.com/news/dugan-chair-sbot-aviation-space/
[Category: BiLaw/Legal]
Morgan Lewis Advises Nebius on $5.75 Billion Convertible Bond Offering and $800 Million Convertible Bond Exchange
PHILADELPHIA, Pennsylvania, Aug. 26 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following news release:
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Morgan Lewis Advises Nebius on $5.75 Billion Convertible Bond Offering and $800 Million Convertible Bond Exchange
LONDON: Morgan Lewis has advised long-standing client Nebius Group N.V., an AI cloud company headquartered in Amsterdam, on a $5.75 billion convertible bond offering.
The $5.75 billion offering was upsized from the previously announced offering size of $4.5 billion and reflects the exercise by the initial purchasers of their options to purchase additional
... Show Full Article
PHILADELPHIA, Pennsylvania, Aug. 26 [Category: BizLaw/Legal] -- Morgan Lewis, a law firm, issued the following news release:
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Morgan Lewis Advises Nebius on $5.75 Billion Convertible Bond Offering and $800 Million Convertible Bond Exchange
LONDON: Morgan Lewis has advised long-standing client Nebius Group N.V., an AI cloud company headquartered in Amsterdam, on a $5.75 billion convertible bond offering.
The $5.75 billion offering was upsized from the previously announced offering size of $4.5 billion and reflects the exercise by the initial purchasers of their options to purchase additionalbonds. The convertible bonds are in two series: $3.45 billion aggregate original principal amount of 0.50% convertible notes due 2030, and $2.3 billion aggregate original principal amount of 4.50% convertible notes due 2034. The bonds were sold in a private offering to qualified institutional buyers pursuant to Rule 144A.
Concurrently with the convertible bond offering, Nebius exchanged $800 million aggregate original principal amount of its existing 2.00% convertible notes due 2029 and 3.00% convertible notes due 2031 for an aggregate of approximately 15.8 million of its Class A ordinary shares.
Reuters has reported that this was one of the largest convertible bond offerings on record.
Nebius intends to use the net proceeds from the offering of the bonds to finance the continuing growth of its business, including expenditures related to the construction and build-out of its data centers, investments to develop its full-stack AI cloud, the expansion of its data center footprint and the procurement of key components (including GPUs), and for general corporate purposes.
Nebius is building a full-stack platform for developers and companies to take charge of their AI future--from data and model training to production deployment. Founded on deep in-house technological expertise and operating at scale with a rapidly expanding global footprint, Nebius serves startups and enterprises building AI products, agents, and services worldwide.
The Morgan Lewis team advising on the transaction included partners Tim Corbett and Carter Brod with associates Hazem Nakib and Dalya Ben Romdhane.
More information can be found in the Nebius press release (https://nebius.com/newsroom/nebius-group-announces-closing-of-private-offering-of-convertible-senior-notes-with-aggregate-gross-proceeds-of-approximately-5-75-billion).
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URL: Nebius Group
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Original text here: https://www.morganlewis.com/news/2026/08/morgan-lewis-advises-nebius-on-5-75-billion-convertible-bond-offering-and-800-million-convertible-bond-exchange
K&L Gates Advises Compass Group Equity Partners on Acquisition of Koma Precision
PITTSBURGH, Pennsylvania, Aug. 26 -- K&L Gates, a law firm, issued the following news release:
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K&L Gates Advises Compass Group Equity Partners on Acquisition of Koma Precision
Global law firm K&L Gates LLP advised Compass Group Equity Partners, LLC, a leading St. Louis-based private equity firm, on its acquisition of Koma Precision, LLC, a precision manufacturing company that provides engineered machining, manufacturing, calibration, and related services to customers.
Koma Precision is headquartered in Connecticut and operates facilities in East Windsor, Connecticut and Aurora, Indiana.
... Show Full Article
PITTSBURGH, Pennsylvania, Aug. 26 -- K&L Gates, a law firm, issued the following news release:
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K&L Gates Advises Compass Group Equity Partners on Acquisition of Koma Precision
Global law firm K&L Gates LLP advised Compass Group Equity Partners, LLC, a leading St. Louis-based private equity firm, on its acquisition of Koma Precision, LLC, a precision manufacturing company that provides engineered machining, manufacturing, calibration, and related services to customers.
Koma Precision is headquartered in Connecticut and operates facilities in East Windsor, Connecticut and Aurora, Indiana.Compass Group partnered with Koma Precision's existing ownership and management team, who retained a meaningful ownership stake and will continue leading the day-to-day business.
The cross-disciplinary team was led by Charlotte partner Michael Hutson and included Charlotte corporate associates Kristin Taylor and Jules Micchia. Raleigh partner Emily Steele led the debt finance aspects of the transaction with assistance from Nashville associate Hunter Thornton. Charlotte partner Randy Clark advised on tax matters. Raleigh partner Leann Walsh and Raleigh associate Ninamarie Moore advised on labor and employment matters. San Francisco partner Rikki Sapolich-Krol and Pittsburgh associate Elliot DiGioia advised on employee benefits and executive compensation matters. Newark partner Brian Montag and Raleigh associate Caitlin Sarpal advised on environmental matters. Boston partner James Fajkowski advised on intellectual property matters. Seattle partner Jake Bernstein advised on data privacy matters. Raleigh partner Nicholle Allen-Steele and Raleigh associate Taylor Jones advised on real estate matters.
"Koma Precision's combination of precision manufacturing capabilities, calibration services, and nationwide customer reach made this a multifaceted transaction that required close coordination across multiple practice areas," said Hutson. "We were pleased to support Compass Group Equity Partners on this acquisition and help bring the transaction to a successful closing."
"K&L Gates provided valuable guidance to Compass throughout this transaction, bringing together the right mix of experience across several disciplines," said Ryan Roepke, Director at Compass Group. "Their precise, coordinated approach and practical counsel helped us navigate a complex process efficiently."
K&L Gates' Corporate practice is one of the most substantial in the legal industry, with hundreds of lawyers in offices across the globe providing clients with practical legal solutions in the structuring, financing, and closing of domestic, international, and cross-border transactions.
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K&L Gates is a globally integrated law firm trusted by sophisticated clients to deliver market leading legal counsel across jurisdictions and industries. Operating as one firm worldwide, K&L Gates combines deep local insight with seamless global coordination to address clients' most complex legal and business challenges. Guided by a relentless focus on client service, the firm delivers practical, high impact solutions with consistency, efficiency, and a clear emphasis on results.
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URL: Compass Group Equity Partners
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Original text here: https://www.klgates.com/KL-Gates-Advises-Compass-Group-Equity-Partners-on-Acquisition-of-Koma-Precision-8-25-2026
[Category: BizLaw/Legal]
Former McGuireWoods Deputy Managing Partner Todd Steggerda Sworn In as U.S. Ambassador to the United Nations in Geneva
RICHMOND, Virginia, Aug. 26 -- McGuireWoods, a law firm, issued the following news release on Aug. 25, 2026:
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Former McGuireWoods Deputy Managing Partner Todd Steggerda Sworn In as U.S. Ambassador to the United Nations in Geneva
McGuireWoods congratulates former Deputy Managing Partner Todd Steggerda, who was sworn in Aug. 24, 2026, as the new U.S. Ambassador and Permanent Representative of the United States to the United Nations and Other International Organizations in Geneva.
Ambassador Steggerda held key firm leadership roles since joining McGuireWoods in 2015. Leveraging his experience
... Show Full Article
RICHMOND, Virginia, Aug. 26 -- McGuireWoods, a law firm, issued the following news release on Aug. 25, 2026:
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Former McGuireWoods Deputy Managing Partner Todd Steggerda Sworn In as U.S. Ambassador to the United Nations in Geneva
McGuireWoods congratulates former Deputy Managing Partner Todd Steggerda, who was sworn in Aug. 24, 2026, as the new U.S. Ambassador and Permanent Representative of the United States to the United Nations and Other International Organizations in Geneva.
Ambassador Steggerda held key firm leadership roles since joining McGuireWoods in 2015. Leveraging his experienceas a United States Naval Academy graduate and former aircraft carrier-based strike-fighter pilot, he was the founding leader of the firm's Defense, National Security and Government Contracting Industry Team and its growing government contracts practice.
In 2018, he became the chair of the Government Investigations & White Collar Litigation Department and, during his four-year tenure, spearheaded the significant expansion of the practice, especially in Washington, and was instrumental in enhancing its reputation as a leading white collar litigation firm. In 2020, Law360 selected McGuireWoods as a White Collar Practice Group of the Year in recognition of its prominent work.
Ambassador Steggerda became deputy managing partner for litigation in December 2022 as the firm continued earning accolades for excellence across litigation practices. He later assumed the role of deputy managing partner for strategic development, overseeing the strategic reorganization of the firm's practice groups and industry teams.
"Ambassador Steggerda was an extraordinary leader and trusted colleague whose efforts have strengthened McGuireWoods immeasurably," said McGuireWoods Managing Partner J. Tracy Walker IV. "While we will miss him, we are immensely proud that he has been called to serve our nation in this distinguished role."
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Original text here: https://www.mcguirewoods.com/news/press-releases/2026/8/former-mcguirewoods-deputy-managing-partner-todd-steggerda-sworn-in-as-u-s-ambassador-to-the-united-nations-in-geneva/
[Category: BizLaw/Legal]
Fisher Phillips Issues Insight: Rise of Democratic Socialism - What Employers Need to Know Heading Into Election Season and Beyond
ATLANTA, Georgia, Aug. 26 -- Fisher Phillips, a law firm, issued the following Insight on Aug. 25, 2026:
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The Rise of Democratic Socialism: What Employers Need to Know Heading into Election Season and Beyond
A growing wave of democratic socialist candidates and elected officials across the country could lead to changes in the workplace, impacting issues from healthcare to labor unions to wage and hour law. New York City and Seattle already have mayors implementing democratic socialist policies, and a series of primary election results have put dozens more candidates on the ballot this
... Show Full Article
ATLANTA, Georgia, Aug. 26 -- Fisher Phillips, a law firm, issued the following Insight on Aug. 25, 2026:
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The Rise of Democratic Socialism: What Employers Need to Know Heading into Election Season and Beyond
A growing wave of democratic socialist candidates and elected officials across the country could lead to changes in the workplace, impacting issues from healthcare to labor unions to wage and hour law. New York City and Seattle already have mayors implementing democratic socialist policies, and a series of primary election results have put dozens more candidates on the ballot thisfall for Congress, mayoral seats, at least one governorship, and local offices. Employers don't need to take a side in this debate quite yet, but it is worth generally tracking this movement given the odds that some of these policy ideas will evolve from campaign platform to proposed law. Below, we look at where things stand today and lay out, in practical terms, what employers should have on their radar.
State of Affairs: Democratic Socialists Expanding From Coast to Coast
The Democratic Socialists of America (DSA) is the largest socialist organization in the United States. It has grown from roughly 6,000 members at its founding in 1982 to more than 100,000 today. It is not itself a political party, but instead functions as an advocacy and electoral organization that recruits, trains, and endorses candidates who typically run for office as Democrats.
The DSA has come to prominence in the past few years and now boasts an expanding bench of candidates and officeholders. Not all of the below officeholders and candidates are sponsored by DSA directly, but all largely hold public policy positions that closely align with democratic socialist principles.
Existing Officeholders
* The DSA counts U.S. Representatives Alexandria Ocasio-Cortez (D-NY) and Rashida Tlaib (D-MI) among its members.
* NYC Mayor Zohran Mamdani and Seattle Mayor Katie Wilson (not officially a DSA member but philosophically aligned) made headlines last year by winning office in two of the nation's most influential cities.
* At least 40 DSA members currently sit in 21 state legislatures from coast to coast, while at least 20-30 DSA or clearly DSA-aligned officials hold city council seats nationwide.
2026 Congressional Elections
* Michigan: Abdul El-Sayed, the Democratic nominee for Michigan's open Senate seat, is not a DSA candidate, but his policies are closely aligned with the movement. The Cook Political Report has rated his contest against Republican Mike Rogers as a toss-up.
* Florida: State Rep. Angie Nixon scored a massive upset to win the Democratic primary election but will face a challenging road to win the Senate seat against Republican incumbent Ashley Moody.
* Pennsylvania: State Rep. Chris Rabb is running unopposed for a Philadelphia-area House seat in what is often reported as the nation's most Democratic-leaning congressional district.
* Michigan: State Rep. Donavan McKinney won the Democratic primary for the Detroit-area House district and is expected to easily win the general election.
* New York: NY Assemblymember Claire Valdez won the Democratic primary for the open Brooklyn-Queens House seat and should win in November.
* New York: Darializa Avila Chevalier narrowly won the primary for the Manhattan-Bronx House seat that strongly favors Democrats.
* Colorado: Melat Kiros defeated 30-year incumbent Rep. Diana DeGette by a wide margin in a Denver-based House district that is expected to swing in her favor in the fall.
Mayoral Elections
* Washington, D.C.: DC Councilmember Janeese Lewis George's Democratic primary win makes her overwhelmingly likely to become mayor in this fall's election.
* Los Angeles: City Councilmember Nithya Raman faces an uphill battle against incumbent Mayor Karen Bass in the November runoff.
State and Local Elections
* At least 25 to 35 DSA or DSA-aligned candidates are running this fall for state legislative or city council positions, led by New York's unusually large eight-candidate state legislative slate.
Not So Fast...
While DSA candidates have been gaining traction in elections and primaries as noted above, they have faced some stinging losses in other races, demonstrating that their rise to power will not be a smooth pathway. Among the notable losses in August:
* Former Rep. Cori Bush (36.9%) lost the Democratic primary in Missouri's 1st Congressional District to incumbent Rep. Wesley Bell (59.2%) for a second straight election.
* Oliver Larkin (36.5%) lost a bid to unseat Rep. Jared Moskowitz (63.5%) in Florida's 25th Congressional District.
* State Rep. Francesca Hong (WI) narrowly lost the Wisconsin Democratic gubernatorial primary (39.8% to 39.3%) to Milwaukee County Executive David Crowley.
Two Biggest Policy Platforms: Healthcare and Labor Unions
The DSA announced its current policy goals in a July "Workers Deserve More" report. Not every DSA-aligned candidate or officeholder will pursue every plank, and most of these ideas would face a long road through state legislatures or Congress before becoming law. But the platform gives employers a useful reference point for the kinds of proposals likely to surface as this movement wins more seats.
Healthcare
Employer-sponsored health insurance has been the backbone of the American benefits system for decades, and many employers would welcome an exit from that role given its cost and administrative burden. A Medicare-for-all-style system, which appears in some form in nearly every democratic socialist platform, is often assumed to deliver government coverage replacing employer plans.
But that might not be the case. Traditional Medicare does not cover everything, leaving gaps in areas like copays, deductibles, and services beyond a certain threshold (which is why a large private market exists for Medigap and Medicare Advantage supplemental policies). If a future public healthcare system followed a similar structure, employers might not exit the health benefits business at all. Instead, they could shift from being the primary payer to being the purchaser of supplemental coverage that fills the gaps in a public plan, much as retirees today shop for the best Medigap policy they can afford. For employers that currently use generous group health plans as recruiting tools, that could mean a different kind of benefits design conversation.
Organized Labor
Democratic socialist campaigns have relied heavily on union support, both financially and organizationally, which has led some to assume that a wave of DSA officeholders would automatically strengthen organized labor's position. But if government expands its role in healthcare and other benefits that unions have historically negotiated and administered on their members' behalf, some of the traditional value proposition of union membership could diminish.
At the same time, there is a plausible path where unions gain a different kind of administrative relevance. Many unions already run Taft-Hartley trust funds that administer health and pension benefits for their members, working alongside employers and third-party administrators. If a future public healthcare or retirement system left room for existing union trust funds to administer supplemental coverage or wraparound benefits, unions could end up playing an expanded administrative role even as their traditional bargaining function diminishes.
Other Workplace Issues Worth Watching
Beyond healthcare and labor relations, several other planks that appear across democratic socialist platforms would have direct workplace implications if enacted at the state or local level:
* Minimum wage escalation. A steep minimum wage increase is a near-universal plank across democratic-socialist campaigns and platforms, and it's already playing out in practice. New York City is moving toward a $30-an-hour minimum wage under Mayor Mamdani. Of everything on this list, this is likely the most direct and immediate cost pressure, since it hits payroll budgets long before any of the more structural proposals could take effect.
* A shorter standard workweek. A 32-hour week with full pay, if adopted anywhere in some form, would reopen scheduling, OT threshold, and exempt-classification questions that employers thought were settled.
* Paid family leave. The platform's call for paid family leave "for all workers" would put pressure on employers in the roughly two dozen states that still have no paid family leave law of their own, and could push existing state programs toward higher wage-replacement rates and broader eligibility. For multi-state employers, that likely means an even more uneven patchwork of leave obligations to track, rather than a single federal standard that simplifies compliance.
* Worker classification and gig work. Expect continued pressure to reclassify as many independent contractors as employees as possible, building on fights already playing out in the delivery and rideshare industries.
* Faster, easier union organizing. Separate from the administrative role unions might play in the benefits arena, several platforms call for procedural changes designed to make organizing itself faster and easier, such as card-check recognition, restrictions on captive-audience meetings, and compressed election timelines. Read more here.
* Noncompete and mobility restrictions. Bans or sharp limits on noncompete agreements have already appeared in city- and state-level proposals and are likely to keep spreading.
* Heavier enforcement funding. Even without new substantive laws, jurisdictions led by democratic socialist officials have prioritized funding to investigate wage theft, misclassification, and scheduling-law enforcement. The more DSA lawmakers take the reins of government, the greater the odds you'll face audits and investigations.
* Rising business taxes. Nearly everything else on this list (universal health care, a jobs guarantee, expanded paid leave) has to be paid for, and new or higher business taxes are typically the funding mechanism of choice. DC mayoral candidate Janeese Lewis George has proposed a "Business Activity Tax," for example, that would tax a company's enterprise value rather than its income. This would mark a structural shift that would hit capital-intensive and asset-heavy businesses very differently than the income-based taxes employers are used to.
* Public ownership of "essential industries." This is a newer and less-tested idea than the others on this list. Depending on the sector and jurisdiction, it could range from utility nationalization to public-option competitors entering specific markets.
How Employers Can Prepare Now
Much of this remains speculative, and the fate of any individual proposal will depend on election outcomes and fiscal realities that are difficult to predict this far out. Still, employers do not need to wait for certainty to start preparing:
* Track state and local elections in areas where your business operates, not just high-profile federal and mayoral races, since much of this agenda is likely to advance city by city and state by state before it reaches Congress. Work with our FP Gov Team if you want to play a more direct role in electoral politics or advocacy.
* Model the financial impact of specific proposals gaining traction locally, such as minimum wage increases, noncompete bans, or expanded paid leave mandates, the same way many employers already do for pending legislation today.
* Review classification, scheduling, and wage-and-hour compliance programs now, since heightened enforcement funding tends to arrive before substantive law changes do.
* For unionized employers, stay engaged with union leadership on how trust funds and benefit administration might evolve if public health care expands.
Conclusion
We will continue to monitor developments in this area, including specific legislative proposals as they emerge in individual states and cities, so make sure you are subscribed to Fisher Phillips' Insight System to get the most up-to-date information directly to your inbox. If you have questions, contact your Fisher Phillips attorney or any attorney in our Government Relations Practice Group.
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Related People
David R. Dorey
Partner
202.978.9655
drdorey@fisherphillips.com
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Braden Lawes
Senior Government Affairs Analyst
202.916.7176
blawes@fisherphillips.com
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John M. Polson
Chairman & Managing Partner
949.798.2130
jpolson@fisherphillips.com
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Original text here: https://www.fisherphillips.com/en/insights/insights/what-employers-need-to-know-heading-into-election-season-and-beyond
[Category: BizLaw/Legal]
Dentons Canada Advises the Mactaquac Improvement Partnership on NB Power's Mactaquac Life Achievement Project
WASHINGTON, Aug. 26 -- Dentons, a law firm, issued the following news:
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Dentons Canada advises the Mactaquac Improvement Partnership on NB Power's Mactaquac Life Achievement Project
Dentons, Canada's Global Law Firm, is pleased to have advised the Mactaquac Improvement Partnership on its agreement with NB Power to advance the civil works component of the Mactaquac Life Achievement Project (MLAP).
The agreement marks an important milestone in the planning process to rehabilitate the Mactaquac Generating Station, one of New Brunswick's most critical sources of electricity. The work will
... Show Full Article
WASHINGTON, Aug. 26 -- Dentons, a law firm, issued the following news:
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Dentons Canada advises the Mactaquac Improvement Partnership on NB Power's Mactaquac Life Achievement Project
Dentons, Canada's Global Law Firm, is pleased to have advised the Mactaquac Improvement Partnership on its agreement with NB Power to advance the civil works component of the Mactaquac Life Achievement Project (MLAP).
The agreement marks an important milestone in the planning process to rehabilitate the Mactaquac Generating Station, one of New Brunswick's most critical sources of electricity. The work willaddress deterioration in the station's concrete structures while upgrading turbines, generators and other critical systems to help ensure the facility continues to provide reliable, carbon-free electricity for decades to come. The Mactaquac Life Achievement Project represents a significant long-term investment in the province's clean energy future and electricity reliability.
The Dentons team advising MIP was led by Lampros Stougiannos and Charles Bardou, and included Audreanne Poulin, Aljosa Zenicanin and Anoosh Loertscher.
Recently ranked in ReNew Canada's 2026 Top 100 Projects Report as the #1 global law firm by project value, advising on 13 of the country's largest public infrastructure projects totaling more than CA$86 billion, Dentons has one of the largest and most experienced Infrastructure and PPP teams of any international law firm.
Our global reach and experience advising both private sector clients and public authorities on infrastructure projects throughout Canada and around the world uniquely positions us to help stakeholders successfully procure, negotiate and implement major infrastructure projects. Learn more about Dentons Canada's Infrastructure and PPP group.
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About the Mactaquac Life Achievement Project
The Mactaquac Life Achievement Project will rehabilitate the Mactaquac Generating Station to ensure the station can operate to its intended 100-year lifespan. The civil works scope includes rehabilitation of the powerhouse and spillways, the replacement of six turbines, upgrading electrical and mechanical components and enhancing upstream and downstream water storage and environmental infrastructure to support the Saint John River ecosystem. Built in 1968, the Mactaquac Generating Station provides approximately 12% of New Brunswick's electricity and is integrated into the electricity grid of surrounding regions.
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About Dentons
Redefining possibilities. Together, everywhere. For more information visit dentons.com
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Original text here: https://www.dentons.com/en/about-dentons/news-events-and-awards/news/2026/august/dentons-canada-advises-the-mactaquac
[Category: BizLaw/Legal]
Clark Hill: SBA Final Rule Eliminates Presumptive Social Disadvantage for Individually Owned 8(a) Applicants
BIRMINGHAM, Michigan, Aug. 26 -- Clark Hill, a law firm, issued the following legal update:
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SBA Final Rule Eliminates Presumptive Social Disadvantage for Individually Owned 8(a) Applicants
Authors
Bret S. Wacker , Ronald D. Sullivan , J. Chris White , Colleen Jarrott , Gabrielle Long
Background and Litigation Context
The 8(a) Business Development Program was established under the Small Business Act to provide contracting and business development opportunities to small businesses owned and controlled by socially and economically disadvantaged individuals.
Historically, SBA regulations
... Show Full Article
BIRMINGHAM, Michigan, Aug. 26 -- Clark Hill, a law firm, issued the following legal update:
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SBA Final Rule Eliminates Presumptive Social Disadvantage for Individually Owned 8(a) Applicants
Authors
Bret S. Wacker , Ronald D. Sullivan , J. Chris White , Colleen Jarrott , Gabrielle Long
Background and Litigation Context
The 8(a) Business Development Program was established under the Small Business Act to provide contracting and business development opportunities to small businesses owned and controlled by socially and economically disadvantaged individuals.
Historically, SBA regulationsincluded a rebuttable presumption that individuals belonging to certain designated groups (Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and Subcontinent Asian Americans) were socially disadvantaged.
The final rule follows constitutional challenges to that regulatory presumption. In Ultima Servs. Corp. v. U.S. Dep't of Agric., 683 F. Supp. 3d 745 (E.D. Tenn. 2023), the Court enjoined SBA from continuing to rely on the presumption in administering the 8(a) Program. SBA then implemented interim procedures requiring individually owned applicants to establish social disadvantage through narrative submissions. The final rule codifies SBA's revised approach.
What Changed?
The final rule removes the provision at 13 C.F.R. Sec. 124.103 that previously presumed social disadvantage for individuals belonging to certain racial or ethnic groups.
Under the revised framework, individually owned applicants must establish social disadvantage case by case. Applicants should be prepared to submit a detailed narrative and objective evidence showing discrimination, bias, or other qualifying barriers; that the experiences were chronic and substantial; that they occurred in an American social environment; and that they negatively affected the individual's entry into or advancement in the business world.
Supporting evidence may include policies, regulations, guidance, procedures, public statements, reports, audits, court decisions, administrative rulings, Congressional findings, or other materials showing governmental or private actions that favored or disfavored an identifiable group.
Applicants should be prepared to connect the evidence to material harm suffered by the qualifying individual and to certify facts needed to support the claim under SBA's revised standard.
What Is Not Changing
* The statutory existence of the 8(a) Business Development Program
* The availability of 8(a) sole-source and competitive contracting opportunities
* Economic disadvantage requirements
* Ownership and control requirements
* Annual review and continuing eligibility requirements
* Eligibility rules applicable to entity-owned participants, including firms owned by Tribes, ANCs, NHOs, and CDCs
What This Means for Contractors and Business Operators
Current 8(a) Participants
Current participants are not the primary target of the rule, but should continue maintaining records supporting ownership, control, economic disadvantage, annual reviews, any applicable social-disadvantage narrative, and future ownership or management changes.
Pending Individually Owned Applicants and Prospective Applicants
Pending individually owned applicants face the most immediate issue because the rule applies to applications pending as of September 10, 2026. Applicants should review whether their submissions include individualized evidence, objective corroboration, and a clear connection between the asserted disadvantage and business-related harm.
Prospective applicants should build additional time into certification planning because admission will require a specific, well-supported eligibility record under SBA's revised standard.
Prime Contractors, Mentors, Joint Venture Partners, and Subcontractors
Prime contractors and teaming partners should monitor the certification status and timing of prospective 8(a) partners where future capture efforts depend on 8(a) eligibility.
Entity-Owned Firms
The rule does not amend eligibility for entity-owned firms owned by Tribes, ANCs, NHOs, or CDCs, but businesses should account for that distinction when evaluating ownership structure, teaming strategy, acquisitions, and growth planning.
What Companies Should Do Now
* Review application status. Identify pending individually owned 8(a) applications affected by the September 10, 2026 effective date.
* Evaluate existing submissions. Identify whether the application relies on the former presumption or includes evidence that may satisfy the revised standard.
* Develop a detailed narrative. Address the experiences, chronology, business impact, and supporting evidence.
* Build an evidence file. Collect policies, rules, regulations, public statements, litigation materials, administrative findings, audits, reports, Congressional findings, and other corroborating documentation.
* Document material harm. Develop a clear record connecting the asserted disadvantage to specific business-related harm suffered by the qualifying owner.
* Coordinate internally. Align legal, compliance, business development, finance, and executive leadership on certification strategy and capture plans.
* Review teaming and growth plans. Confirm whether planned opportunities depend on a partner's anticipated 8(a) admission timeline.
* Monitor SBA implementation. Watch for additional SBA guidance, application instructions, FAQs, decisions, and related litigation.
Bottom Line
Beginning September 10, 2026, pending and future individually owned applicants must establish social disadvantage through individualized evidence rather than membership in a designated racial or ethnic group.
Businesses that rely on 8(a) certification should start early, gather evidence, document business-related harm, and align certification planning with capture strategy.
How Clark Hill Can Help
Clark Hill's Government Contracts and Regulations Team can assist companies in evaluating how this final rule may affect pending applications, future 8(a) certification strategies, teaming arrangements, mentor-protege relationships, joint ventures, and federal capture plans.
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Original text here: https://www.clarkhill.com/news-events/news/sba-final-rule-8a-program-eligibility-changes/
[Category: BizLaw/Legal]
