News & Analysis as of

False Claims Act (FCA) National Security

Skadden, Arps, Slate, Meagher & Flom LLP

How Defense Contractors Can Prepare Now for CMMC Implementation

The Department of Defense (DoD) is currently reviewing and adjudicating the public comments received in response to its proposed regulations implementing its Cybersecurity Maturity Model Certification 2.0 program (CMMC)....more

Holland & Knight LLP

New Requirements for Research Security Programs Raise the Stakes for Compliance

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The National Security Presidential Memorandum-33 (NSPM-33), issued in January 2021, directed federal agencies that fund research and development (R&D) projects to require certain "Covered Institutions" to certify that the...more

Torres Trade Law, PLLC

Trade Violations Under the False Claims Act

On February 7, the U.S. Department of Justice (DOJ) announced that settlements and judgements under the False Claims Act (FCA) exceeded $2 billion for the 2022 fiscal year. The 2022 fiscal year also had the second-highest...more

Oberheiden P.C.

A 4-Point Guide for Defense Contract Whistleblowers

Oberheiden P.C. on

Workers at companies that have a federal contract with the U.S. government for national security and defense work often have access to critically important information about these extremely sensitive transactions. In some...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter - December 2023

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TRADE TIP OF THE MONTH: New Companies Have More Time To Report Ownership- The Treasury Department’s Financial Crimes Enforcement Network issued a final rule in late November to delay the deadline for newly created...more

Alston & Bird

Penn State University Hit With False Claims Act Suit for Alleged Cyber Security Deficiencies

Alston & Bird on

On September 1, 2023, the U.S. District Court for the Eastern District of Pennsylvania unsealed a qui tam False Claims Act (“FCA”) lawsuit (originally filed on October 5, 2022) alleging Penn State University failed to provide...more

Bass, Berry & Sims PLC

Expect More Cyber-Enforcement under the False Claims Act

Bass, Berry & Sims PLC on

Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific “high impact initiatives” that the federal government will carry out to achieve its cybersecurity...more

Foley & Lardner LLP

International Trade, Enforcement & Compliance Recent Developments Update (June 21, 2023)

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Recent developments include fair warning from the Department of Justice that national security concerns can invade even ordinary business activities, a reminder that the False Claims Act increasingly is being used as a weapon...more

Jenner & Block

Government Contracts Legal Round-Up - June 2023 Issue 11

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – November 2022

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GOVERNMENT CONTRACTS - Prohibition on Use or Delivery of Chinese Telecommunications and Video Surveillance Products and Services: The Potential Link Between Section 889 of the 2019 NDAA and Section 1260H of the 2021 NDAA,...more

PilieroMazza PLLC

DOD Releases New List of Section 889 Banned Entities

PilieroMazza PLLC on

On October 5, 2022, the Department of Defense (DOD), in compliance with Section 889 of the National Defense Authorization Act for Fiscal Year 2019, released an updated list (Blacklist) of banned People’s Republic of China...more

Holland & Knight LLP

CMMC 2.0 Simplifies Requirements But Raises Risks for Government Contractors

Holland & Knight LLP on

With the announcement of a revamped Cybersecurity Maturity Model Certification (known as CMMC 2.0),1 for the third time in five years, the U.S. Department of Defense (DOD) announced new, comprehensive cybersecurity standards...more

Lowenstein Sandler LLP

Trade Matters - November 2021

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1. New Cybersecurity Export Controls From BIS Go Into Effect in January - The Bureau of Industry and Security (BIS) has released an interim final rule establishing new export controls on certain cybersecurity items and...more

McCarter & English Blog: Government Contracts...

DOD Issues Final Rule Codifying The NISPOM

On December 21, 2020, the Department of Defense (DoD) Office of the Undersecretary of Defense for Intelligence & Security published a Final Rule codifying the National Industrial Security Program Operating Manual...more

Health Care Compliance Association (HCCA)

MITRE: Risk Approach May Thwart Foreign Threats, Better Federal Info, Support Essential

Report on Research Compliance 18, no. 2 (February 2021) - “I don’t want to be on the front page of the paper with my best researcher being dragged off in handcuffs. It doesn’t look good for our university,” a senior...more

King & Spalding

Heightened Focus on Foreign Influence in Academia

King & Spalding on

Department of Education Report Warns that Academic Institutions Are Failing to Meet Compliance Obligations in Fight Against Foreign Influence Last month the Department of Education (“DOE” or “Department”) released an...more

WilmerHale

Decoupling From China: Part 3 - Oversight And The Election

WilmerHale on

The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more

Vinson & Elkins LLP

FAR Council Releases Interim Rule Prohibiting Contracts With Entities That Use Equipment Made By Huawei, ZTE, And Others

Vinson & Elkins LLP on

On July 10, 2020, the Federal Acquisition Regulatory (“FAR”) Council released a prepublication version of an interim rule, FAR Case 2019-009 (the “Interim Rule”), amending the FAR to prohibit federal agencies from contracting...more

ArentFox Schiff

Investigations Newsletter: Elder Care Companies Agree to Pay $15.5 Million to Resolve False Claims Act Allegations

ArentFox Schiff on

Headlines that Matter for Companies and Executives in Regulated Industries - Health Care Enforcement News - Elder Care Companies Agree to Pay $15.5 Million to Resolve False Claims Act Allegations - The Department...more

Foley & Lardner LLP

DOJ Memoranda Ushering in New Era for Health Care Enforcement

Foley & Lardner LLP on

In January 2018, the Department of Justice (DOJ) issued two memoranda that, taken together, may usher in a new era of False Claims Act (FCA) enforcement in the health care industry. The first memorandum, dated January 10,...more

King & Spalding

DOJ Issues Memorandum Urging Government Lawyers to Dismiss ‘Meritless’ False Claims Act Cases

King & Spalding on

The Department of Justice recently issued an internal guidance memo to DOJ attorneys regarding the dismissal of meritless False Claims Act (FCA) cases. Michael Granston, the Director of DOJ’s Civil Fraud Section, first made...more

Husch Blackwell LLP

DOJ Signals More Liberal Exercise Of Power To Dismiss Qui Tam Actions Under The FCA

Husch Blackwell LLP on

On January 10, 2018, citing costs associated with record increases in the number of qui tam actions filed under the False Claims Act, the Department of Justice issued a memorandum to certain DOJ attorneys, strongly signaling...more

Akin Gump Strauss Hauer & Feld LLP

Department of Justice Memorandum Provides Guidance for Evaluating Dismissal of Qui Tam FCA Cases

• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more

Foley & Lardner LLP

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

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In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (“DOJ”) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (“FCA”) cases brought by...more

Cozen O'Connor

Two New Department of Justice Memoranda Strengthen False Claims Act Qui Tam Action Defenses

Cozen O'Connor on

The Department of Justice (DOJ) has recently issued two new memoranda that reflect a sea change in DOJ’s intervention in and enforcement of False Claims Act (FCA) claims. ..On January 25, 2018, the Associate Attorney...more

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