Law360 Publishes Article by Jennifer Serafyn, Annette Tyman, and Anuj Khetarpal on New DEI Clauses and FCA Risk for Federal Contractors

Law360 published an article by Jennifer Serafyn, Annette Tyman, and Anuj Khetarpal, “New DEI Clauses Will Reshape FCA Exposure For Contractors.” The piece, published on April 23, 2026, examines how new federal contracting requirements tied to diversity, equity, and inclusion practices may significantly expand False Claims Act (FCA) exposure for government contractors.

The article analyzes the implications of a new executive order requiring agencies to insert mandatory DEI‑related certifications into federal contracts and explains why these provisions create a new layer of FCA risk. The authors explore how materiality and scienter standards under existing FCA doctrine may limit the government’s enforcement arguments, while also outlining practical, FCA‑specific steps contractors should consider before agreeing to the new contractual language.

As the authors caution:

“The clause is not a rote compliance checkbox. It is a prospective legal commitment that changes the evidentiary landscape for FCA purposes going forward.”

The full article is available here.