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Supreme Court Renders Good News-Bad News Whistleblower Decision

Yesterday’s U.S. Supreme Court decision is good news and bad news for both whistleblowers and government contractors, including health care providers–a win for whistleblowers on one important issue, for contractors on...more

SCOTUS: No Unlimited Suspension of the Statute of Limitations Under the False Claims Act; “First-to-File” Doctrine Does Not Bar...

In an opinion released May 26, 2015, Kellogg Brown & Roots Services, Inc. v. United States ex rel. Carter, the U.S. Supreme Court unanimously held that whistleblowers cannot extend the statute of limitations for war-related...more

Blog: What States Should Know About the Civil Tort of Bribery

Who can be sued? A civil claim for bribery can usually be made against the bribe-payer and the bribe-recipient. When does it apply? The tort of bribery is founded on the legal relationship of principal (the state) and...more

Shipping Executive Acquitted of Antitrust Charge

On May 8, 2015, a jury in Puerto Rico acquitted Thomas Farmer (Farmer), the former vice president of price and yield management for Crowley Liner Services, Inc., of conspiring to suppress and eliminate competition in...more

Advancing Anti-Corruption to the Front Lines

To advance anti-corruption thought leadership from other viewpoints, we interviewed Richard Bistrong. In this Q&A, CREATe.org’s anti-corruption expert Leslie Benton asks Mr. Bistrong about his personal and professional...more

Update: New Measures Adopted by Quebec to Promote Integrity in Public Contracts

On April 1, 2015, the Act to Ensure Mainly the Recovery of Amounts Improperly Paid as a Result of Fraud or Fraudulent Tactics in Connection with Public Contracts (Act) received assent following its unanimous adoption by...more

Alert: Civil Claims for Bribery: an Overview of the English and Common Law Position

Take a simple bribery scenario. A foreign Government Minister is the key decision-maker for the award of a contract to build and operate infrastructure, say a toll road. A UK contractor wins the contract in a purportedly...more

Successful Rule 9(b) Defense of False Claims Act Whistleblower Litigation

The lure of significant monetary awards continues to stimulate high-risk whistleblower actions under the False Claims Act (FCA), and these claims are increasingly common in the pharmaceutical and medical device industry. The...more

BC Court of Appeal Overturns Ruling that BC Government Liable to Logging Company for Failure to Consult

In Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89, the BC Court of Appeal recently overturned the trial judge’s decision (reported at 2013 BCSC 2348, and summarized in an earlier update here) which had awarded...more

Split Decision on Ormat’s Motion to Dismiss Ex-Employees’ Claims of Cash Grant Fraud

The opinion of March 24 from the U.S. District Court for Nevada granted in part and denied in part Ormat’s motion to dismiss an action brought by ex-Ormat employees under the False Claims Act. The ex-employees are alleging...more

Second-Place Bidder On Public Works Contract Could Proceed With Tortious Interference Claim

Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply...more

Provincial Licence Doesn’t Promise Adequate Consultation with First Nations

In its recent decision in Moulton Contracting Ltd. v. British Columbia, the British Columbia Court of Appeal (Court) held that the Province of British Columbia (Province) can contractually exclude liability for losses...more

Alert: Suing Bribing Competitors for Lost Profits

Companies are competing to win a contract. One pays a bribe to exclude its competitor from the bidding process, or to win the contract. If caught, it faces prosecution under the UK's Bribery Act 2010, as do its bribing...more

Office Depot Agrees to Pay $68.5 Million to Settle California FCA Claims

A California judge approved a $68.5 million settlement yesterday to resolve allegations that Office Depot violated the California False Claims Act (CFCA) by overcharging California public entities for office and classroom...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Federal District Court in New Jersey Holds that Economic Loss Rule Does Not Bar Contractor’s Tort Claims Against Architect Where...

The University of Medicine and Dentistry of New Jersey contracted HDR Architects and Engineers, P.C. (“HDR”) to design a medical school building. After the project went to bid, the Bedwell Company (“Bedwell”) contracted with...more

Alleged illegal recruiting for college leads to False Claims Act complaint

In Brief - Stevens-Henager College and its owners are accused of offering compensation incentives to admission consultants based on the number of students they recruit. - The government alleges that the college...more

Federal Circuit’s Metcalf Decision a Big Win for Contractors

In a recent decision, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) the supervising court for the Court of Federal Claims and the Boards of Contract Appeals, among others) clarified important legal principles...more

Qui tam relators target – and gain access to – internal investigation on ground that attorney-client privilege does not apply

In Brief - A federal district court recently held that documents relating to a government contractor’s internal compliance investigations regarding fraud were not protected by the attorney-client privilege because...more

In Government's Shoes: The Continuing Force Behind the False Claims Act & Qui Tam Complaints

To combat fraud by contractors selling faulty war supplies to the Union Army, in 1863 President Abraham Lincoln signed into law the False Claims Act (the “FCA”). Designed to root out fraud on the federal government, this act...more

Who Says Life’s Not Fair: Good Faith and Fair Dealing Prevails in Metcalf Case.

In a ruling highly anticipated among government contractors, the United States Court of Appeals for the Federal Circuit held on February 11, 2014, in Metcalf Construction Company, Inc. v. United States, No. 2013-5041 (Fed....more

Avoid the Quick Fix: Addressing Government Contracting Ethical Breaches That Can Destroy A Business

For the last 15 years, the Foreign Corrupt Practices Act (FCPA) has garnered the most “compliance” attention by companies and the media due to the severe penalties associated with the bribing of foreign government officials....more

Eighth Circuit Addresses Scope of False Claims Act Liability

Last month, the Eighth Circuit Court of Appeals addressed the scope of “fraud-in-the-inducement” liability under the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and, in doing so, reversed the dismissal of a claim related...more

Eighth Circuit Adopts Novel False Claims Act Fraud-in-the-Inducement Theory Long Espoused by Government

On October 15, 2013, a divided three-judge panel of the United States Court of Appeals for the Eighth Circuit rendered a federal False Claims Act ("FCA") judgment against Bayer Healthcare Pharmaceuticals ("Bayer"), based on a...more

Southern District Of New York Again Endorses DOJ Mortgage Fraud Theory

On September 24, U.S. District Court Judge Jesse Furman largely denied a bank’s motion to dismiss a complaint filed by the U.S. Attorney’s Office for the Southern District of New York (SDNY) in which the government alleges...more

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