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Shell E & P Ireland Ltd v McGrath & ors

Judgement in Shell E & P Ireland Ltd v McGrath & ors

2.1 Shell issued proceedings against the six named defendants on the 4th March, 2005 with a statement of claim being delivered on the 18th April. Damages were sought together with various orders restraining the defendants...more

2/3 Of DOJ’s Nearly $5 Billion Recovery Under False Claims Act Derived From Whistleblower Suits in 2012

On December 4, the Justice Department announced a record-breaking recovery of $4.9 billion in settlements and judgments in civil cases brought under the False Claims Act (FCA) for the fiscal year ending September 20, 2012....more

Hospitals Win a Case Challenging CMS Policy to Include Part C Days in the SSI Fraction in the Medicare DSH Formula

On November 15, 2012, the United States District Court for the District of Columbia released a 33-page opinion ruling in favor of a group of hospitals that had challenged CMS’s policy of including Medicare Part C patient days...more

Bank Argues Government’s False Claims Act Case Violates National Servicing Settlement

On November 1, one of the five banks that entered into a comprehensive mortgage servicing settlement earlier this year with the federal government and 49 state attorneys general invoked that agreement in defense of claims...more

Government Sanctioned for Destruction of Documents

U.S. district court decision may now allow defendants in False Claims Act cases to obtain sanctions where potentially relevant documents are lost or destroyed due to the government's failure to issue a timely litigation...more

Federal Appeals Court Says Estimates in Government Bids Can Be Actionable As False Claims

The Ninth Circuit issued an opinion last week in which it held that knowingly making “false estimates” in connection with a bid for a government contract may be actionable under the False Claims Act (“FCA”), 31 U.S.C. §§3729...more

Lessons Learned for the SEC from the False Claims Act and Whistleblowers

If you want to see how the SEC’s whistleblower program may look in a few years, all you need to do is take a look at the False Claims Act and the role that whistleblowers play in the enforcement of the...more

No Damages Under FCA When Government Gets What It Pays For

A recent appellate decision could impact how damages are calculated in implied false certification suits where a defendant fails to comply with a condition of payment, yet provides adequate services. In United States ex rel...more

The D.C. Circuit Empowers Relators in Qui Tam Actions in United States ex rel. Schweizer v. Océ N.V.

As discussed in the March 2012 edition of the White Collar Watch, the case of United States ex rel. Schweizer v. Océ N.V. highlights the tension between the interests of qui tam relators and the United States Department of...more

Legal Alert: State and Local Government Contractors in Georgia Face False Claims Act Liability Formerly Seen Only on Federal Jobs

Effective July 1, 2012, Georgia’s new Taxpayer Protection False Claims Act (Act) applies to contractors from any industry doing business with Georgia state or local governments. The Act creates a framework for false claims...more

Significant Changes to California's Mechanics Lien Law Coming July 1, 2012

Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes. In September 2010, Governor Edmund G. Brown, Jr....more

Avoiding "Embarrassment" In Contract Disputes Act Litigation: Routine vs. Non-Routine Requests For Payment

Contractors pursuing claims against the government under the Contract Disputes Act (“CDA”) can often fall victim to the jurisdictional pitfalls of the Act from the very start of the claims process, i.e., with the claim...more

Federal Circuit Reminder: Routine Requests for Payment May Not Be Filed as CDA Claims until They Are Disputed

Ensuring payment in the context of a termination for convenience settlement can be a complicated process for primes and subcontractors. A recent decision from the U.S. Court of Appeals for the Federal Circuit, Parsons Global...more

FCA Focus - March 2012

In This Issue: - EDITOR'S NOTE - RECENT DEVELOPMENTS • DOJ Civil Recoveries in FY2011 • Number of Qui Tam Actions Hits Record • Financial Fraud Cases Hitting Hard • Government Procurement -...more

Choice Deprives Public Entity of Attorneys’ Fees on Stop Notice

The California Court of Appeal clarified the law on a public entity’s right to recover attorneys’ fees in connection with its withholding of funds from a general contractor because of a stop notice filed by a subcontractor. ...more

In FCA Case, Court Finds Civil Penalties Would be Unconstitutional

Recently, a federal district court issued a ruling that could have a substantial impact on future qui tam claims brought under the False Claims Act ("FCA"). In United States of America ex rel. Bunk v. Birkart...more

Protesting at ODRA?: Learning the Lay of the Land

Your company submitted a proposal to the Federal Aviation Administration (“FAA”) to provide widgets and related services. The opportunity had corporate visibility and was critical to your sector’s bottom line. After several...more

The Supreme Court To Decide Whether FOIA Responses Trigger The False Claims Act's Public Disclosure Bar

The Supreme Court recently heard oral argument in a case testing the scope of the False Claims Act’s public disclosure bar. The False Claims Act (“FCA”) is the government’s primary weapon against waste, fraud, and abuse in...more

DC Circuit’s Civil False Claims Act Decision Provides Clarity for Government Contractors

The DC Circuit’s December 3, 2010 opinion in United States v. Science Applications International Corporation (SAIC), provides some welcome guidance for government contractors hoping to understand their potential liability...more

Let Bygones Be Bygones - Except When It Comes To "Out of Scope" Modifications

After an unsuccessful bid protest, many contractors assume that their chance at getting a piece of the action has passed. They assume that they have exhausted their remedies and that all of the spoils inevitably will go to...more

Implied False Certification Theory Gains Support In Ninth Circuit

Last month, the U.S. Court of Appeals for the Ninth Circuit extended the breadth of the False Claims Act for actions brought within that Circuit by accepting the implied false certification theory of liability. This is a...more

Issue Brief: Individuals Excluded from Federal Health Care Programs or Federal Contracting: Protecting Your Organization

The enforcement of penalties for employing or contracting with individuals or businesses that are excluded from Federal Health Care Programs or Federal contracts seems to be on an upswing. While this is not a new issue,...more

Fourth Circuit Refuses to Stay Implementation of Federal Contractor E-Verify Rule

The U.S. Court of Appeals for the Fourth Circuit has denied a motion to stay implementation of the federal contractor E-Verify rule pending resolution of challenges filed by the U.S. Chamber of Commerce and several business...more

Salvaging Your Government Proposal

A Short Primer on Federal Bid Protests. This short (5 page) introduction to bid protests is for the business that is considering bidding on government contracts and lawyers wanting to understand more about the...more

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