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Science, Computers & Technology Government Contracting

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Ninth Circuit Relies on Escobar to Revive False Claims Act Suit Against Pharmaceutical Manufacturer

On July 7, 2017, the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s dismissal of a False Claims Act (FCA) whistleblower suit in United States ex rel. Campie v. Gilead Sciences, explaining that...more

Telecomm Publica los Criterios Generales Para un Posible Concurso del Proyecto de la Red Tronca

by Holland & Knight LLP on

El organismo público descentralizado Telecomunicaciones de México (Telecomm) publicó, el 17 de julio de 2017, los criterios generales que podrían aplicarse al posible concurso para el desarrollo y crecimiento de la Red...more

Telecomm Releases General Criteria For Potential Backbone Network Project Bids

by Holland & Knight LLP on

The Mexican government agency, Telecomm, on July 17, 2017, released the general criteria for a potential bid for the development and expansion of the Backbone Network Project (Red Troncal)....more

Ninth Circuit Relies on Escobar to Revive False Claims Act Suit Against Pharmaceutical Manufacturer

On July 7, 2017, the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s dismissal of a False Claims Act (FCA) whistleblower suit in United States ex rel. Campie v. Gilead Sciences, explaining that...more

CMS Considers New Billing Code Policy for Biosimilars

by Goodwin on

Last week, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule regarding payment policies. Among other things, the proposed rule included a request for comment on the policy for biosimilar...more

D.C. District Court Expands Government Contractors’ Exposure to Consumer Data Breach Class Actions

The United States District Court for the District of Columbia recently endorsed private citizens bringing data breach claims directly against a government contractor where the contractor failed adequately to safeguard the...more

Unintended Plaintiffs: United States District Court Allows Private Citizens to Sue a Government Contractor For Failing to...

In a remarkable opinion with potentially wide-ranging implications, the United States District Court for the District of Columbia recently allowed a member of the public to sue a federal government contractor directly for...more

What Is Actual Knowledge? Third Circuit to Weigh in on Post-Escobar Materiality Question

by Pepper Hamilton LLP on

One year after the Supreme Court changed the False Claims Act landscape, FCA litigants continue to grapple with the “demanding” materiality standard set forth in Universal Health Services v. United States ex rel Escobar. Now...more

Countdown Begins for Cybersecurity Compliance

by BakerHostetler on

This month marks an important waypoint for defense contractors subject to the new cybersecurity requirements imposed by the Department of Defense. For contractors subject to the requirements of Defense Federal Acquisition...more

Under Trump Budget, OFCCP’s Focus Remains On Tech And Finance Contractors

by Fox Rothschild LLP on

Information technology and financial services companies with federal contracts will continue to be a focus of the Office of Federal Contract Compliance Programs (OFCCP) under the Trump Administration, according to the...more

Third Circuit Recognizes Escobar “Heightened Materiality Standard” in Dismissal of False Claims Act Case Tied to Avastin

In May 2017, the U.S. Court of Appeals for the Third Circuit relied on the “heightened materiality standard” endorsed by the U.S. Supreme Court in its 2016 Escobar decision in dismissing a False Claims Act (FCA) whistleblower...more

The Department of Defense Emphasizes Heightened Cybersecurity Compliance at Industry Information Day Event

by Holland & Knight LLP on

We had the opportunity to attend Department of Defense’s (DoD) Industry Information Day on Friday, June 23, at the Mark Center Auditorium in Alexandria, Virginia. DoD’s Chief Information Officer published advance notice of...more

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS...more

MedPAC Takes Anti-POD Stance in Report to Congress, Echoing an Increasingly Uniform Consensus

by Ropes & Gray LLP on

On June 15, 2017, the Medicare Payment Advisory Commission (MedPAC), a non-partisan group that advises Congress on Medicare policy, released its annual Report to the Congress on Medicare and the Health Care Delivery System...more

"Meaningfully Useful" Risk Mitigation Strategies for Providers Following the eClinicalWorks Settlement

by Jones Day on

The Health Information Technology for Economic and Clinical Health Act ("HITECH Act") established financial incentives under Medicare and Medicaid for eligible health care providers that adopt, implement, and demonstrate use...more

Patient Safety Issues Highlighted in DOJ Settlement and Health Care Industry Cybersecurity Task Force Report

by Pierce Atwood LLP on

As we know, the move away from fee for service reimbursement models is not only intended to reduce costs by no longer paying providers based on the volume of services performed, but is also intended to improve the overall...more

The Latest in the Epipen Medicaid Drug Rebate Saga – Where Are We Now?

The latest installment in the ongoing saga over EpiPen Medicaid Drug Rebates came on May 31, 2017, when Senator Charles Grassley issued a press release stating that between 2006-2016 taxpayers may have overpaid for EpiPen by...more

A Striking EHR Settlement: The DOJ pursues an EHR Vendor for "Causing the Submission" of False EHR Incentive Payment Claims

by Bass, Berry & Sims PLC on

On May 31, 2017, the U.S. Department of Justice (DOJ) announced a $155 million settlement with eClinical Works (ECW), a nationally-known electronic health records (EHR) software vendor. The settlement arises out of a lawsuit,...more

Executive Order on Cybersecurity: Considerations for Business - A fuller picture emerges on how the Trump Administration’s first...

On May 11th, in the wake of a series of wide-ranging cyber breaches and attacks plaguing public and private sectors alike, President Trump signed a long-awaited Executive Order on Strengthening the Cybersecurity of Federal...more

What’s that Cybersecurity FAR Clause Doing In My Contract?

by PilieroMazza PLLC on

Many contractors we talk to believe that cybersecurity requirements are exclusively a concern of contractors working with DoD or with highly-classified, top secret projects. While perhaps true to some degree in the past, that...more

FAR 52.204-21 And The Future Of Federal Cybersecurity Enforcement

by Fox Rothschild LLP on

Earlier this month, we had the pleasure of opening the 2017 Associated General Contractors of America Federal Contractor Conference in Washington, DC with a presentation focused on the emerging issue of Cybersecurity in...more

Digital Inclusion: How the Section 508 Standards Can Impact Your Organization

by Perkins Coie on

As more everyday activity migrates to digital technologies and the internet, a wave of new lawsuits are testing the boundaries of the Americans with Disabilities Act (ADA) and the digital world. The rapid proliferation of...more

Mexican Agency Seeks Interested Parties for Backbone Network Project

by Holland & Knight LLP on

Telecomm, a Mexican government agency, issued an international Request for Expression of Interest (RFEI) on May 12, 2017, for parties seeking to participate in the Backbone Network Project (Red Troncal). Background -...more

NISPOM Change 2 Deadlines Coming for Cleared Contractors

by Hogan Lovells on

As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

FCA Issues to Watch: Pharmaceutical and Device Developments | INSIDE THE FCA

by Bass, Berry & Sims PLC on

The government’s FCA enforcement efforts have continued to focus on key areas concerning the pharmaceutical and medical device industries. In fact, drug and device manufacturers accounted for nearly half of the enforcement...more

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Cybersecurity

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