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False Claims Act (FCA) Contractors

Harris Beach PLLC

False Claims Act Enforcement Highlights Need for Robust Compliance Programs

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The U.S. Department of Justice (“DOJ”) announced its False Claims Act (“FCA”) enforcement statistics for FY 2023 and identified key priorities for FCA enforcement in 2024 and beyond. The DOJ continues to pursue FCA...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Delivers Highly Anticipated CMMC Proposed Rule

The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability. The proposed rule allows for limited use of Plans of...more

Davis Wright Tremaine LLP

The Dangers of Defrauding the Government: Recent Cases Confirm Fraudulent Contractors May Face Civil and Criminal Penalties

It should go without saying that contractors should do their best to avoid lying to the government in the bidding and performance of federal contracts. The government has a host of remedies available to ensure contractors who...more

Akin Gump Strauss Hauer & Feld LLP

Defense Department Audit Report Provides Contractors with a Roadmap to Assess and Mitigate Cybersecurity False Claims Act Risk

On December 4, the Department of Defense Office of Inspector General (DoD OIG) issued a “special” Audit Report (the Report) that provides insight into common cybersecurity weaknesses related to the protection of Controlled...more

Pillsbury Winthrop Shaw Pittman LLP

Interim Rule Establishes New Supply Chain Diligence Requirements for Contractors

A new interim rule aimed at safeguarding the federal supply chain prohibits contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply...more

McCarter & English Blog: Government Contracts...

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp Focus

Parties litigating False Claims Act (FCA) cases have long struggled with a thorny question around the essential element of scienter (the defendant’s intent, or state of mind): What/how much does a contractor need to know when...more

Bass, Berry & Sims PLC

Recent FCA Settlements in Government Contracts Cases

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The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows. Although the majority of government recoveries are...more

Jenner & Block

Government Contracts Legal Round-Up - March 2023 Issue 5

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Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

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The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Contractors Beware – Cybersecurity Litigation on the Rise Under the False Claims Act

Takeaway: The DOJ’s Cyber Fraud Initiative and qui tam actions under the False Claims Act represent signification enforcement mechanisms for cybersecurity contractor compliance. On the eve of 2022, the United States began...more

Wiley Rein LLP

Contractor Certifications Regarding Labor Law Compliance Revived by USDA

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WHAT: The U.S. Department of Agriculture issued a proposed rule that would update the Agriculture Acquisition Regulation (AGAR) with significant new compliance obligations for the agency’s contractors and subcontractors. ...more

Pillsbury Winthrop Shaw Pittman LLP

Civilian Board of Contract Appeals Releases Fiscal Year 2021 Annual Report

Contractors docketed only 364 new appeals during FY 2021. The Board issued an advisory opinion for the first time in its 14-year history. The Board plans to offer the option to conduct hearings and ADR proceedings...more

Foley & Lardner LLP

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

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Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more

ArentFox Schiff

Investigations Newsletter: Contractor to Pay Over $4 Million to Settle FCA Violations

ArentFox Schiff on

CEO of Defunct Medical Testing Lab to Pay $1.1 Million to Settle FCA and AKS Case - Jae Lee, the former CEO of defunct Northwest Physicians Laboratory (NWPL), agreed to pay $1.1 million to resolve allegations that he...more

Snell & Wilmer

California Construction Law Update for 2021

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In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

ArentFox Schiff

Investigations Newsletter: French Concrete Contractor to Pay $3.9 Million FCA Penalty

ArentFox Schiff on

French Concrete Contractor to Pay $3.9 Million FCA Penalty - On February 17, 2021, the Department of Justice (DOJ) announced that a French company, COLAS Djibouti SARL, agreed to pay $3.9 million to resolve allegations...more

ArentFox Schiff

Investigations Newsletter: Contractors to Pay Over $2.8 Million to Settle Small Business Contract Fraud Allegations

ArentFox Schiff on

Contractors to Pay Over $2.8 Million to Settle Small Business Contract Fraud Allegations - On June 2, 2020, the Department of Justice announced that Ross Group Construction Corporation and its affiliates agreed to pay...more

Fox Rothschild LLP

Accept No Imitations: Contractor Cannot Recover For Claim Based On Brand Name Products

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When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When the agency specifies certain products in the contract, the...more

Carlton Fields

They Really (Sorta) Mean it This Time: Three Things Private Companies Need to Know About Trump’s Second “Buy American” Executive...

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If your company receives money from the federal government, take note: President Trump signed another "Buy American, Hire American" Executive Order on January 31, 2019, ...more

Williams Mullen

Suspension and Debarment

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The government can suspend or debar an entity or individual for a host of actions or omissions, barring them from doing business with the government. A proactive strategy of self-examination, corrective action and engagement...more

Dorsey & Whitney LLP

Government Contractor Awarded Attorney Fees for Defending Against “Unreasonable” FCA Claim

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The U.S. Court of Appeals for the Sixth Circuit recently concluded that a contractor should obtain an award of attorney fees for having to defend against an “unreasonable” False Claims Act (“FCA”) suit. In United States ex....more

Morrison & Foerster LLP - Government...

FINAL FAR RULE: Prohibition on Reimbursement for Congressional Investigations and Inquiries

On January 13, 2017, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a 10 U.S.C. § 2324(k)(2). Under the rule, contractors may not...more

Saul Ewing LLP

Construction Law Advisory - October 2015

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The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney...more

Seyfarth Shaw LLP

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

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Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

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On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

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