News & Analysis as of

False Claims Act (FCA) Breach of Contract

Morgan Lewis

Federal Court Rules False Claims Act Whistleblower Must Face Counterclaims

Morgan Lewis on

A recent decision by a federal district court affirmed the ability of defendants in False Claims Act actions brought by qui tam relators to assert counterclaims against relators. The court’s opinion highlights the opportunity...more

Epstein Becker & Green

From Whistleblower to Defendant: Understanding the Implications of U.S. ex rel. Cooley v. ERMI, LLC

Recently, a Georgia federal district court permitted an employer’s counterclaims against its former employee-whistleblower to proceed in a False Claims Act (“FCA”) lawsuit after determining that the employer’s amended...more

Wiley Rein LLP

DOJ Leverages Government Ethics Statute in Civil False Claims Suit

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WHAT: The U.S. Department of Justice (DOJ) filed a six-count Complaint against a federal contractor, Intelligent Fiscal Optimal Solutions, LLC (iFOS), in the District of Maryland, alleging three violations of the Civil False...more

Snell & Wilmer

California Construction Law Update for 2021

Snell & Wilmer on

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

Harris Beach PLLC

New York’s Department of Financial Services Urges Cyber Insurance Companies to Require Insureds to Implement Robust Cybersecurity...

Harris Beach PLLC on

The New York State Department of Financial Services (DFS) issued a letter to the cyber insurance community on February 4, 2021 that should signal a warning to many other businesses seeking to obtain or keep their...more

Kramer Levin Naftalis & Frankel LLP

Kirschner v. JPMorgan Chase Holds that Syndicated Bank Loans Are Not Securities

On May 22, Judge Gardephe granted a motion to dismiss in Kirschner v. JPMorgan Chase Bank, N.A., a case that, among other things, considered whether the origination and distribution of a syndicated bank loan is subject to...more

Bass, Berry & Sims PLC

Significant 2019 Tennessee Construction Decisions

Bass, Berry & Sims PLC on

This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

White and Williams LLP

Ninth Circuit Rejects Insured’s “Internal Business Practice” Argument and Enforces D&O Policy’s Broad Professional Services...

White and Williams LLP on

Earlier this week, in HotChalk, Inc. v. Scottsdale Insurance Company, No. 16-17287, 2018 U.S. App. LEXIS 14884 (9th Cir. Jun. 4, 2018), the Ninth Circuit Court of Appeals affirmed a District Court’s determination that a...more

Latham & Watkins LLP

US Government Contractors Face New Cybersecurity Requirements

Latham & Watkins LLP on

As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

Troutman Pepper

The Risks and Implications of Failing to Comply with U.S. Government Cyber and IT Requirements

Troutman Pepper on

This article summarizes some of the many risks and implications that are associated with failing to comply with U.S. government-unique cyber and information technology requirements. We are often asked by small and...more

Arnall Golden Gregory LLP

AGG Litigation Insights Newsletter - Summer 2016

Even for companies accustomed to civil lawsuits, when the government is on the other side of the “v,” the prospect of litigation can be intimidating and unfamiliar. In this issue of the Litigation Newsletter, we explore how...more

Burr & Forman

I Meant it at the Time: Second Circuit Reverses $1.2BN FIRREA Judgment

Burr & Forman on

It’s hornbook law that a later intentional breach of contract, alone, doesn’t equal promissory fraud. Holding it therefore cannot establish mail or wire fraud, the Second Circuit reversed the Government’s $1.2 Billion FIRREA...more

Bradley Arant Boult Cummings LLP

In a Major FIRREA Victory for the Banks, the Second Circuit Overturns $1.27 Billion Jury Verdict

On Monday, the Second Circuit overturned a jury verdict and $1.27 billion penalty against Bank of America imposed under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1833a....more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - October 2015

Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits - Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more

Akin Gump Strauss Hauer & Feld LLP

When a Violation of a Rule or Regulation Becomes an FCA Violation: Understanding the Distinction Between Conditions of Payment and...

If you read one thing… - The False Claims Act’s (FCA) language, structure, court precedent and purpose limit its application to only regulatory breaches that are conditions of payment and not conditions of...more

Dorsey & Whitney LLP

Court Concludes that Violation of a Corporate Integrity Agreement May Form the Basis for Reverse False Claim Liability

Dorsey & Whitney LLP on

In late July, a federal district court in Pennsylvania denied a motion to dismiss brought by pharmaceutical company Cephalon, Inc., concluding that violations of a corporate integrity agreement (“CIA”) entered into by...more

Morgan Lewis

Fourth Circuit's Triple Canopy False Claims Act Decision

Morgan Lewis on

The decision unexpectedly expands potential liability. On January 8, the U.S. Court of Appeals for the Fourth Circuit issued a panel decision that established a new and potentially significant False Claims Act (FCA)...more

Williams Mullen

The Guards Who Couldn’t Shoot Straight: Fourth Circuit Endorses “Implied Certification” Theory Under False Claims Act

Williams Mullen on

Does the federal False Claims Act (“FCA”) require the submission of an “objectively false statement” to the government? When does a company’s knowing failure to comply with contractual terms amount not just to a breach of...more

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