Law/Legal
Here's a look at documents from law firms and legal groups
Featured Stories
Littler: Policy Week in Review - February 6, 2026
SAN FRANCISCO, California, Feb. 7 -- Littler, a law firm, issued the following news:
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Policy Week in Review - February 6, 2026
Congressional and Administrative News
At a Glance
The Policy Week in Review, prepared by Littler's Workplace Policy Institute (WPI), sets forth WPI's updates on federal, state, and local matters.
By Shannon Meade, Jim Paretti, Alex MacDonald, and Maury Baskin
DOL Announces Minimum Wage Rate Change for Federal Contractors
The Department of Labor's Wage and Hour Division issued a notice setting a new minimum wage rate of $13.65 per hour for workers performing
... Show Full Article
SAN FRANCISCO, California, Feb. 7 -- Littler, a law firm, issued the following news:
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Policy Week in Review - February 6, 2026
Congressional and Administrative News
At a Glance
The Policy Week in Review, prepared by Littler's Workplace Policy Institute (WPI), sets forth WPI's updates on federal, state, and local matters.
By Shannon Meade, Jim Paretti, Alex MacDonald, and Maury Baskin
DOL Announces Minimum Wage Rate Change for Federal Contractors
The Department of Labor's Wage and Hour Division issued a notice setting a new minimum wage rate of $13.65 per hour for workers performingwork on or in connection with federal contracts entered into between January 1, 2015 and January 29, 2022 that were not renewed or extended on or after January 30, 2022. The minimum wage for tipped employees performing work in connection with those covered contracts increases to $9.55 per hour. The rate changes will go in effect 90 days after publication in the Federal Register. Read Littler's analysis here.
DHS and DOL Release Supplemental H-2B Visas for 2026
The Departments of Homeland Security and Labor published a temporary rule authorizing up to, but not more than, an additional 64,716 H-2B visas for Fiscal Year 2026 to be distributed in three allocations. The supplemental visas will be available only to those American businesses that "are suffering or will suffer impending irreparable harm, i.e., those facing permanent and sever financial loss, as attested by the employer."
Bipartisan Joint Employer Bill Gains Support
The congressional Problem Solvers Caucus, a group of Republican and Democratic members of Congress seeking solutions to key issues facing the country, endorsed the American Franchise Act, which aims to protect the franchise business model by amending the National Labor Relations Act and the Fair Labor Standards Act to clarify that a franchisor may be considered a joint employer of the employees of a franchisee only if the franchisor possesses and exercises substantial direct and immediate control over the essential terms and conditions of employment. The bipartisan bill is sponsored by Representatives Kevin Hern (R-OK) and Don Davis (D-NC) and currently has 77 cosponsors.
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Authors
Shannon Meade
Executive Director, Workplace Policy Institute
Washington, D.C.
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James A. Paretti
Shareholder
Washington, D.C.
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Alexander T. MacDonald
Shareholder
Washington, D.C.
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Maury Baskin
Shareholder
Washington, D.C.
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Original text here: https://www.littler.com/news-analysis/asap/policy-week-review-february-6-2026
[Category: BizLaw/Legal]
Littler Issues Commentary: Fourth Circuit Allows Implementation of DEI Executive Orders to Proceed
SAN FRANCISCO, California, Feb. 7 -- Littler, a law firm, issued the following commentary by shareholder David J. Goldstein:
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Fourth Circuit Allows Implementation of DEI Executive Orders to Proceed
On February 6, 2026, The U.S. Court of Appeals for the Fourth Circuit issued a final published opinion vacating the district court's preliminary injunction against several elements of Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which imposed certain requirements
... Show Full Article
SAN FRANCISCO, California, Feb. 7 -- Littler, a law firm, issued the following commentary by shareholder David J. Goldstein:
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Fourth Circuit Allows Implementation of DEI Executive Orders to Proceed
On February 6, 2026, The U.S. Court of Appeals for the Fourth Circuit issued a final published opinion vacating the district court's preliminary injunction against several elements of Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which imposed certain requirementson federal contractors and grantees of federal funds regarding DEI. Recipients of federal grants brought this action based on a claim that the requirements were unconstitutional on their face. While the Fourth Circuit's decision does not preclude future challenges to the administration's views as to what constitutes unlawful DEI or when contracts or grants may be terminated, the court has held that such challenges will have to be based on specific allegations that the executive orders are being implemented unlawfully. This means that federal contractors and grant recipients must continue to live, at least for now, with substantial uncertainty as to what it means to "certify" that they are not operating any programs promoting DEI that violate applicable federal anti-discrimination laws.
Enforcement Threat Provision
With respect to EO 14151's so-called "Enforcement Threat Provision" (the president's directive that the attorney general submit a report with recommendations for enforcing federal civil rights laws and deterring DEI programs that constitute illegal discrimination or preferences), the Fourth Circuit found that the plaintiffs lacked standing to bring a claim.
Plaintiffs had argued that they feared retribution by the Trump administration so that they would be forced to restrict "their speech and conduct in support of diversity, equity, and inclusion" or face penalties. The Fourth Circuit, however, found that these allegations overstated the Enforcement Threat Provision's text. In particular, the court reasoned that the Enforcement Threat Provision would harm plaintiffs only if:
(1) the Attorney General includes in her report a plan or strategy of cutting funds for organizations that engage in DEI, even though the [P]rovision does not mention funding; (2) the President adopts that aspect of the proposed strategic enforcement plan; (3) the plan, however finalized, includes [p]laintiffs (or at least one of them) within the scope of the funding-cut strategy; and (4) some government actor enforces that part of the approved plan and slashes funding.
The court found that this "multi-tiered speculation" was inconsistent with standing.
Termination and Certification Provisions
With regard to EO 14151's so-called Termination Provision (requiring termination of all "equity-related" grants or contracts) and EO 14173's Certification Provision (mandating that federal contracts and grants include terms requiring compliance with federal anti-discrimination laws and certification that no DEI programs violate these laws), the Fourth Circuit held that the plaintiffs had standing and that their claims were constitutionally ripe.
The court then noted that the plaintiffs were challenging these provisions on their face and that "[f]acial invalidation is, manifestly, strong medicine that has been employed by [courts] sparingly and only as a last resort." According to the court, in order to prevail, plaintiffs would have to show that the provisions are unconstitutional in all of their applications or that they lack any "plainly legitimate sweep."
The court held that the plaintiffs could not make such a showing with regard to the Termination Provision because the EO does not ask anything of plaintiffs or regulate private conduct but only "instructs the President's subordinates to act, and then only 'to the maximum extent allowed by law.'" In other words, the "Provision, at this stage at least, is nothing more than 'an outward-facing' policy directive from the President to his agents." As the president clearly has authority to determine policy priorities and instruct his agents to make funding decisions based on those priorities, it is not for the courts to determine whether such policy is sound. The only issue for the courts is whether the policy is unconstitutionally vague for funding recipients.
Applying the Supreme Court's decision in National Endowment for the Arts v. Finley, the Fourth Circuit found that the policy here, while perhaps vague, was not unconstitutionally vague: "when the Government is acting as patron rather than as sovereign, the consequences of imprecision are not constitutionally severe."
The court also rejected plaintiffs' First Amendment Challenge to the Certification Provision. The court first noted that, on its face, the Provision only requires compliance with existing federal laws which plaintiffs have not challenged. According to the court,
What plaintiffs are really asking us to do is read subtext into the Provision's text. And what they're really challenging is how the Administration and its agency actors interpret antidiscrimination law in relation to plaintiffs' DEI programming. Neither is fertile ground for a facial attack against the Certification Provision.
Instead, we're bound by the text. If the President, his subordinates, or another grantor misinterprets federal antidiscrimination law, plaintiffs "can challenge that interpretation in a specific enforcement action." But we can't conclude today that a "substantial number of the [Certification Provision's] applications" will be unconstitutional.
Next Steps
In light of the Fourth Circuit's decision, federal contractors and grant recipients should carefully review all contract terms regarding compliance with federal non-discrimination laws or DEI practices and, before agreeing to such provisions, should consider potential risks. Federal contractors and grant recipients that then choose to agree to such provisions should carefully audit their policies and practices on an ongoing basis to ensure that they are complying, in good faith, with their representations.
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Authors
David J. Goldstein
Shareholder
Minneapolis
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Original text here: https://www.littler.com/news-analysis/asap/fourth-circuit-allows-implementation-dei-executive-orders-proceed
[Category: BizLaw/Legal]
Thomson Reuters Recognizes 25 BCLP Lawyers as Stand-outs for Client Service
ST. LOUIS, Missouri, Feb. 6 [Category: BizLaw/Legal] -- Bryan Cave Leighton Paisner, a law firm, issued the following news:
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Thomson Reuters Recognizes 25 BCLP Lawyers as Stand-outs for Client Service
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BCLP is proud to announce that 25 lawyers across its global platform have been recognized as "Stand-out Lawyers" by Thomson Reuters. This client-nominated recognition serves as a testament to each recipient's individual skills and dedication to deliver real value to their clients.
According to Thomson Reuters, these lawyers stand out among their peers for their ability to improve client
... Show Full Article
ST. LOUIS, Missouri, Feb. 6 [Category: BizLaw/Legal] -- Bryan Cave Leighton Paisner, a law firm, issued the following news:
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Thomson Reuters Recognizes 25 BCLP Lawyers as Stand-outs for Client Service
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BCLP is proud to announce that 25 lawyers across its global platform have been recognized as "Stand-out Lawyers" by Thomson Reuters. This client-nominated recognition serves as a testament to each recipient's individual skills and dedication to deliver real value to their clients.
According to Thomson Reuters, these lawyers stand out among their peers for their ability to improve clientsatisfaction, increase client advocacy, grow share of wallet, strengthen the brand, enhance people's engagement and increase profits per partner.
BCLP's 2026 Stand-out Lawyers:
* Kevin Atkins, Energy, Environment and Infrastructure, London
* Ashley W. Baker, Corporate Transactions, St. Louis
* Steven B. Becker, Commercial Construction, Kansas City
* Celia Berg, Core Real Estate UK, London
* Sam Burke, Real Estate Finance UK, London
* John Goebel, Corporate Transactions, Chicago
* Kyle S. Hirsch, Finance Transactions, Phoenix
* Polly James, Financial Services Disputes and Investigations, London
* Trevor A. Jenkins, Finance Transactions, Kansas City
* Lindsay Sklar Johnson, Antitrust, Competition and Trade, Atlanta
* Roman Khodykin, Arbitration, Real Estate and Construction Disputes, Dubai
* Joel N. Lander, Corporate Transactions, St. Louis
* Emma Lawley, Commercial Construction UK, London
* Darci F. Madden, Class Actions and Mass Torts, St. Louis
* Lee Marshall, Business & Commercial Disputes, San Francisco
* Philippe Metais, Business & Commercial Disputes, Paris
* Ryan Reetz, Arbitration, Real Estate and Construction Disputes, Miami
* Jonathan Solis, Technology, Commercial and Data, Santa Monica
* Louis C. Spelios, Corporate Transactions, Atlanta
* Gareth Stringer, Commercial Construction UK, London
* Juliet (JT) Thomas, Core Real Estate (UK), London
* Peter D. Van Cleve, Corporate Transactions, St. Louis
* John M. Welge, Corporate Transactions, St. Louis
* Damon J. Whitaker, Intellectual Property and Technology Disputes, Atlanta
* Pay am Yoseflavi, Real Estate Finance UK, London
***
Original text here: https://www.bclplaw.com/en-US/events-insights-news/thomson-reuters-recognizes-25-bclp-lawyers-as-stand-outs-for-client-service.html
McGuireWoods Launches in Seattle With Elite Litigation Team
RICHMOND, Virginia, Feb. 6 -- McGuireWoods, a law firm, issued the following news release:
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McGuireWoods Launches in Seattle With Elite Litigation Team
Partners Advise Global Companies in Major Commercial and Product Liability Disputes
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McGuireWoods is expanding into the Pacific Northwest with the launch of a Seattle office led by a nationally recognized team of litigators and appellate advocates, including two former U.S. Supreme Court clerks. The group counsels global companies in bet-the-company commercial and product liability disputes throughout the United States and abroad.
The
... Show Full Article
RICHMOND, Virginia, Feb. 6 -- McGuireWoods, a law firm, issued the following news release:
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McGuireWoods Launches in Seattle With Elite Litigation Team
Partners Advise Global Companies in Major Commercial and Product Liability Disputes
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McGuireWoods is expanding into the Pacific Northwest with the launch of a Seattle office led by a nationally recognized team of litigators and appellate advocates, including two former U.S. Supreme Court clerks. The group counsels global companies in bet-the-company commercial and product liability disputes throughout the United States and abroad.
Thenine founding partners deepen McGuireWoods' considerable capabilities in class actions, multidistrict litigation, commercial and product liability litigation, antitrust litigation, and appellate matters. Their arrival enhances McGuireWoods' lengthy roster of first-chair trial attorneys, accomplished appellate practitioners and strategic advisers who represent clients in their most significant matters in courtrooms and tribunals around the world. All were formerly with Perkins Coie's Seattle office.
"The opening of our Seattle office and the addition of this outstanding team achieve forward-looking objectives for McGuireWoods," said Jonathan Harmon, the firm's chairman. "This expansion elevates our market position and strengthens our ability to serve longstanding clients anchored in the Pacific Northwest. These partners also enrich our capabilities in practices and industry sectors that are pillars of our strategic plan and solidify our stature as a destination firm for high-performing talent. We will build on this foundation with additional litigation and transactional practices to deliver the highest level of service to clients and demonstrate our commitment to the Seattle community."
Rike Connelly serves as managing partner of McGuireWoods' Seattle office and co-leader of the firm's Business Litigation Practice Group. She previously led the firmwide business litigation practice at Perkins Coie. Connelly manages large-scale commercial litigation, including antitrust and intellectual property disputes, with a focus on matters in Washington state and multidistrict litigation.
The litigation team also includes partners Eric Wolff, Mack Shultz, Todd Rosencrans, Christopher Ledford, Judge Abdul Kallon, Daniel Ridlon and Monique Wirrick, many of whom led key practices and industry teams at Perkins Coie.
* Wolff, who co-chaired the appellate practice, is a fellow of the American Academy of Appellate Lawyers and former chief litigation counsel at The Boeing Company. He served as lead appellate lawyer in the U.S. Attorney's Office for the District of Montana and was a partner at Kirkland & Ellis in Washington, D.C. He clerked for U.S. Supreme Court Justice Antonin Scalia.
* Shultz served as the firmwide chair of the product liability litigation group. He represents companies across industries, including aviation, consumer electronics, virtual reality and medical devices. He also advises on strategies for mitigating risk exposure, responding to accidents and participating in government investigations. He has a Chambers USA nationwide ranking for aviation litigation.
* Rosencrans, who served as the vice chair of the product liability litigation group, has nearly 30 years of experience in complex product liability and aviation product liability litigation, warranty and contractual risk-allocation consulting, and civil litigation. At McGuireWoods, he will co-lead the firm's Aerospace & Defense Industry Team.
* Ledford defends manufacturers in the aviation, industrial, and consumer products sectors in complex product liability litigation and leads the resolution of commercial disputes. He also provides strategic advice to manufacturers regarding responses to accidents and government investigations. At McGuireWoods, he will co-lead the Product Liability & Mass Tort Litigation Practice Group.
* Judge Kallon served on the U.S. District Court for the Northern District of Alabama from 2010 to 2022 and co-chaired Perkins' trial practice group. He advises leading companies in the technology, communications, retail and consumer products sectors in commercial litigation, multidistrict litigation, and labor and employment matters. He will be a senior member of McGuireWoods' Trials team.
* Ridlon co-chaired the autonomous and uncrewed vehicle systems industry group. He focuses on product liability litigation and regulatory compliance, representing manufacturers in matters involving a range of products, from cell phones to commercial aircraft. He will spearhead McGuireWoods' new Autonomous Vehicles practice.
* Wirrick represents clients in cases involving aviation accidents, consumer products and toxic torts, drawing on her technical background as a former engineer for a large aircraft manufacturer.
McGuireWoods' Seattle team also includes partner Michael Scoville, who joined the firm in 2024. Scoville, a former federal prosecutor and law clerk to U.S. Supreme Court Justice Anthony Kennedy, represents global companies in government investigations and litigation. He co-leads McGuireWoods' Aerospace & Defense Industry Team and has a Chambers USA nationwide ranking for aviation litigation.
"As a group, we are thrilled to launch McGuireWoods' newest office and build on this opportunity to deliver better solutions for clients. Our own litigation practices fit perfectly into McGuireWoods' strategic goals. This is a firm with outstanding lawyers and tremendous capability combined with a real commitment to culture and community. We look forward to being part of this culture of excellence and representing it in Seattle and the Pacific Northwest," Connelly said.
"These phenomenal lawyers have extensive experience representing leading companies in dynamic industries," said McGuireWoods Managing Partner J. Tracy Walker IV. "Their leadership, legal acumen and industry knowledge will provide enormous value to our clients as their businesses evolve. In addition, their stellar reputations and strong community ties form a steadfast cornerstone for what we will build in this vibrant region."
McGuireWoods' Seattle office is located in Safeco Plaza, 1001 Fourth Ave.
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Original text here: https://www.mcguirewoods.com/news/press-releases/2026/2/mcguirewoods-launches-in-seattle-with-elite-litigation-team/
[Category: BizLaw/Legal]
Korea Desk Launches at Squire Patton Boggs
TYSONS, Virginia, Feb. 6 -- Squire Patton Boggs, a law firm, issued the following news:
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Korea Desk Launches at Squire Patton Boggs
Global law firm Squire Patton Boggs has launched a dedicated Korea Desk, further strengthening its ability to serve Korean clients on their international matters and multinational companies with interests in Korea.
Building on the SPB's long history of representing Korean clients and international clients in Korea-related matters, the Korea Desk provides a focused, coordinated platform connecting clients with the firm's international resources. The Korea Desk
... Show Full Article
TYSONS, Virginia, Feb. 6 -- Squire Patton Boggs, a law firm, issued the following news:
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Korea Desk Launches at Squire Patton Boggs
Global law firm Squire Patton Boggs has launched a dedicated Korea Desk, further strengthening its ability to serve Korean clients on their international matters and multinational companies with interests in Korea.
Building on the SPB's long history of representing Korean clients and international clients in Korea-related matters, the Korea Desk provides a focused, coordinated platform connecting clients with the firm's international resources. The Korea Deskbrings together lawyers across key practice areas and geographies to deliver seamless, cross-border support aligned with the needs of Korean businesses, investors, and institutions.
"Korea has become a global economic powerhouse," said Partner Sam Song, who serves as Head of the Korea Desk. "We have been supporting Korean clients for many years as they expand and operate overseas, and advising international companies as they do business in Korea's sophisticated market. Our Korea Desk formalizes that commitment, creating a clear, dedicated gateway for inbound and outbound Korea-related work. It also reflects and builds on our long-standing relationships with Korea's leading law firms, helping ensure meaningful collaboration and seamless coordination on cross-border matters when needed."
Global Managing Partner Michele Connell said, "Korea is central to cross-border activity and an increasingly important market for our clients. Our Korea Desk advances our broader strategy to grow our Asia platform by making it easier for clients to access the full breadth of our capabilities, across the region and in Korea in particular. I'm proud of the team behind this effort and the momentum we are building with the Korean legal market."
The Korea Desk supports clients on a wide range of matters, including cross-border transactions, international disputes, regulatory and compliance issues, project development, trade and investment, and government relations, drawing on the firm's deep experience across Asia, the United States, Europe, and the Middle East.
Learn more about Squire Patton Boggs' Korea Desk here (https://www.squirepattonboggs.com/locations/korea/).
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Original text here: https://www.squirepattonboggs.com/news/korea-desk-launches-at-squire-patton-boggs/
[Category: BizLaw/Legal]
Goodwin Continues to Lead 2025 League Tables
BOSTON, Massachusetts, Feb. 6 [Category: BizLaw/Legal] -- Goodwin, a law firm, issued the following news release:
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Goodwin Continues to Lead 2025 League Tables
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Goodwin earned the top position among law firms in LSEG's full year 2025 league tables for global M&A by deal count. The firm was also the number one law firm according to Mergermarket for US M&A. LSEG ranked Goodwin as the top firm for Global Mid-Market and US Target Mid-Market M&A as well as US Target Small-Cap M&A. Both Bloomberg and LSEG highly ranked Goodwin for Capital Markets.
These results reflect Goodwin's deep industry
... Show Full Article
BOSTON, Massachusetts, Feb. 6 [Category: BizLaw/Legal] -- Goodwin, a law firm, issued the following news release:
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Goodwin Continues to Lead 2025 League Tables
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Goodwin earned the top position among law firms in LSEG's full year 2025 league tables for global M&A by deal count. The firm was also the number one law firm according to Mergermarket for US M&A. LSEG ranked Goodwin as the top firm for Global Mid-Market and US Target Mid-Market M&A as well as US Target Small-Cap M&A. Both Bloomberg and LSEG highly ranked Goodwin for Capital Markets.
These results reflect Goodwin's deep industryimmersion across healthcare, investment funds, life sciences, private equity, real estate, and technology. The firm leverages this understanding to deliver exceptional client value through a unique combination of industry knowledge, legal excellence, and business advisory expertise.
Goodwin's FY 2025 league table rankings by deal count include:
* LSEG Global M&A
* #1 Global - Announced
* #1 Global Principal Advisors - Announced
* #1 Global - Announced, including Withdrawn
* #1 Global - Completed
* #1 Global Principal Advisors - Completed
* #1 Any US Involvement - Announced
* #1 Any US Involvement - Completed
* #1 US Target - Announced
* #1 US Target - Completed
* Mergermarket Global M&A
* #1 US M&A
* #2 Global M&A
* #3 French M&A
* #4 US Exits
* #5 Global Exits
* LSEG Global Mid-Market M&A
* #1 Global Mid-Market
* #1 US Target Mid-Market
* #2 French Involvement Mid-Market
* #4 German Involvement Mid-Market
* #5 European Involvement Mid-Market
* LSEG Global Small-Cap M&A
* #1 US Target Small-Cap
* #2 Global Small-Cap
* #2 French Involvement Small-Cap
* #4 German Involvement Small-Cap
* #5 European Involvement Small-Cap
* FactSet Global M&A
* #3 Global - Announced
* #3 US - Announced
* #3 US Middle Market - Announced
* Bloomberg Capital Markets
* #3 US Equity Linked (UW)
* LSEG Global Capital Markets
* #3 US Equity & Equity-related (Issuer)
* Bloomberg Global M&A
* #5 France (announced)
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Original text here: https://www.goodwinlaw.com/en/news-and-events/news/2026/02/announcements-privateequity-ma-goodwin-continues-to-lead
Faegre Drinker Biddle and Reath Issues Commentary: Conclusion of the FY26 Appropriations Process Kicks Off the FY27 Process in Election-Shorted Year
MINNEAPOLIS, Minnesota, Feb. 6 -- Faegre Drinker Biddle and Reath, a law firm, issued the following commentary on Feb. 5, 2026, by Senior Director Joshua L. Andrews, manager Matt Abdifar, principal Megan S. Herber and principal Nicholas P. Manetto:
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Conclusion of the FY26 Appropriations Process Kicks Off the FY27 Process in Election-Shorted Year
As an appropriations bill gains consensus, it becomes harder to influence. Early engagement is important.
At a Glance
* Organizations interested in engaging in the annual appropriations process should be considering their priorities for the first
... Show Full Article
MINNEAPOLIS, Minnesota, Feb. 6 -- Faegre Drinker Biddle and Reath, a law firm, issued the following commentary on Feb. 5, 2026, by Senior Director Joshua L. Andrews, manager Matt Abdifar, principal Megan S. Herber and principal Nicholas P. Manetto:
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Conclusion of the FY26 Appropriations Process Kicks Off the FY27 Process in Election-Shorted Year
As an appropriations bill gains consensus, it becomes harder to influence. Early engagement is important.
At a Glance
* Organizations interested in engaging in the annual appropriations process should be considering their priorities for the firststages of congressional engagement.
* Early engagement with congressional champions is important to ensure requestors do not miss vital deadlines or information requirements.
* For organizations looking to submit requests, it is important to make sure they are well thought out and have justification and support from other offices or organizations that speak to the House or Senate member's office that you are soliciting.
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As the US Congress works to complete its Fiscal Year 2026 appropriations process, Appropriations Committee staffers and personal office staffers in both the House and Senate will have an eye on the Fiscal Year 2027 process, which is about to get underway. Organizations interested in engaging in the annual appropriations process should be considering their priorities for the first stages of congressional engagement, particularly given the expectedly shorter congressional calendar due to the upcoming midterm elections.
Overview of the Appropriations Process
Typically, presidents release their budget and policy priorities in early February, which helps set the stage in terms of top funding levels and priorities for the various executive branch agencies. While the president's budget helps initiate the process, it is Congress that ultimately determines funding levels.
As part of the appropriations process, Congress will generally work to pass a budget resolution that establishes a blueprint for House and Senate appropriators to work through the individual appropriations bills. This doesn't always happen, particularly when control of Congress is divided between the parties. In 2025, congressional Republicans used a budget resolution to drive forward the "One Big, Beautiful" reconciliation bill. While some in the House majority would like to see an OBB reconciliation 2.0 bill emerge this year, there currently is not agreement on that.
When done, a budget resolution should help facilitate the appropriations process by providing funding levels to inform the drafting of individual spending bills. Absent this guidance, the process is more challenging. The 12 bills are the same in the House and the Senate and together fund all discretionary federal agency programs. The 12 bills by subcommittee nickname are: Ag/FDA, CJS, Defense, Energy & Water, Financial Services, Homeland Security, Interior & Environment, Labor-HHS, Leg Branch, MilCon-VA, SFOPS, and T-HUD.
As those big-picture items are being addressed, the offices of individual members of Congress will also begin opening individual portals in their offices soliciting requests for funding priorities. These include requests for programmatic funding -- for ongoing programs authorized by the federal government -- and report language, as well as congressionally directed spending (CDS) requests, also known as community projects or earmarks. Report language accompanies appropriations bills and helps instructs agencies on congressional intent for their spending.
For CDS, the House and Senate have different rules for how requests will be considered; therefore it's important to consider how those rules impact potential requests. Similarly, individual offices have different procedures and timing to consider such requests; and early engagement with congressional champions is important to ensure requestors do not miss vital deadlines or information requirements.
Once an individual office has received and vetted those appropriations requests, they will transmit them to the respective appropriations subcommittee charged with producing the first draft of their individual bill. Those bills are then marked up by their respective subcommittees, where amendments can be considered. Once approved at the subcommittee level, a full committee markup is held, which gives another opportunity to amend or otherwise affect a bill. Once approved by the Appropriations Committee, bills are moved to the House or Senate floor for broad adoption. Markups typically begin in late spring and conclude before August recess. Thus, non-appropriator member submission deadlines are usually early to late spring in advance of the markups.
It is important to note that as the process moves along, it becomes harder to influence these appropriations bills as they continue to gain consensus. For organizations looking to submit requests, it is important to make sure they are well thought out and have justification and support from other offices or organizations that speak to the member's office that you are soliciting.
For More Information
For further information, you may contact the authors.
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The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
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Meet the Authors
Joshua L. Andrews
Senior Director
Washington, D.C.
+1 202 589 2819
joshua.andrews@faegredrinker.com
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Matt Abdifar
Manager - Federal Policy & Consulting
Washington, D.C.
+1 202 230 5314
matt.abdifar@faegredrinker.com
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Megan S. Herber
Principal - Faegre Drinker Consulting
Washington, D.C.
+1 202 312 7452
megan.herber@faegredrinker.com
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Nicholas P. Manetto
Principal - Faegre Drinker Consulting
Washington, D.C.
+1 202 312 7499
nicholas.manetto@faegredrinker.com
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Original text here: https://www.faegredrinker.com/en/insights/publications/2026/2/conclusion-of-the-fy26-appropriations-process-kicks-off-the-fy27-process-in-election-shorted-year
[Category: BizLaw/Legal]
