Cybersecurity requirements for federal contractors and grantees continue to proliferate—and those requirements do not just come with contractual risk. Increasingly, the United States government is leveraging enforcement...more
9/5/2024
/ Compliance ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Security ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DFARS ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Statements ,
Federal Contractors ,
Fraud ,
Self-Certification ,
Universities ,
Whistleblowers
Lately, litigation news related to public and private workplace COVID-19 vaccine mandates has quieted. That changed last Friday, when the Eleventh Circuit Court of Appeals narrowed a nationwide injunction against the...more
9/2/2022
/ Appeals ,
Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Injunctions ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
Although the SBA and Federal Reserve lending programs are getting the most coverage, a provision buried in the nearly 900 page Coronavirus Aid, Relief, and Economic Security (“CARES”) Act might have more immediate and...more
With COVID-19 emergency orders in place, can you continue construction? This question is addressed on a jurisdiction-by-jurisdiction basis, evaluating the text of the emergency order to assess whether construction projects,...more
Earlier this month, the United States Department of Justice issued a press release to announce recoveries of over $3 billion from False Claims Act cases in FY2019. In making the announcement, Assistant Attorney General Jody...more
1/28/2020
/ Department of Justice (DOJ) ,
Dismissals ,
Enforcement Actions ,
Enforcement Statistics ,
False Claims Act (FCA) ,
Federal Contractors ,
Materiality ,
Qui Tam ,
Relators ,
The Granston Memo ,
Universal Health Services Inc v United States ex rel Escobar ,
Whistleblowers
The Justice Department announced this week the formation of a new Procurement Collusion Strike Force, which will focus on “deterring, detecting, investigating and prosecuting antitrust crimes, such as bid-rigging conspiracies...more
11/7/2019
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Department of Justice (DOJ) ,
Federal Acquisition Regulations (FAR) ,
Federal Agency Taskforce ,
Federal Contractors ,
Federal Procurement Systems ,
Fraud ,
Leniency Programs ,
Strategic Enforcement Plan ,
Subcontractors ,
Teaming Agreements
The United States Department of Justice this month released a revised and consolidated set of guidelines for determining cooperation credit for organizations facing exposure under the False Claims Act. The consolidated...more
On May 13, 2019, the U.S. Supreme Court decided Cochise Consultancy, Inc. v. United States ex rel. Hunt, No. 18–325, and resolved a circuit split regarding the statute of limitations for an FCA claim brought by a relator...more
5/16/2019
/ Appeals ,
Cause of Action Accrual ,
Cochise Consultancy Inc v United States ex rel Hunt ,
Dismissals ,
False Claims Act (FCA) ,
Federal Contractors ,
Intervenors ,
Limitation Periods ,
Qui Tam ,
Reaffirmation ,
Relators ,
Reversal ,
SCOTUS ,
Statute of Limitations ,
Tolling
The Justice Department announced in a recent press release that it obtained more than $2.8 billion in settlements and judgments from cases involving fraud and false claims against the government. The vast majority of this...more
In recent weeks, the United States Department of Justice (“DOJ”) issued two memoranda that might change the calculus of False Claims Act (“FCA”) cases. The memoranda at a minimum provide organizations with new—or at least...more
In a unanimous decision on June 16, 2016, the Supreme Court charted a middle course between competing interpretations of the scope of False Claims Act. Universal Health Servs., Inc. v. United States ex rel. Escobar, Case No....more
A recently proposed amendment to the Federal Acquisition Regulation precludes Federal contractors from entering into a confidentiality agreement with an employee or subcontractor that “prohibit[s] or otherwise restrict[s]”...more
It has long been a goal of the Federal government to eliminate counterfeit parts—parts of unknown (and likely false) origin and uncertain reliability—from the procurement supply chain. But these efforts have picked up pace...more