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Department of Justice Announces Groundbreaking Whistleblower Program in its Ongoing Effort to Incentivize Voluntary Self...

Department of Justice (DOJ) Deputy Attorney General Lisa Monaco announced that the DOJ is adopting a whistleblower incentive program today at the American Bar Association’s 39th National Institute on White Collar Crime. In...more

Scope of FCA Liability Illustrated In Recent Actions Against Higher Education Institutions

In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more

Federal Government's Broad Dismissal Authority in FCA Cases Confirmed in Polansky Ruling

On Friday, June 16, 2023, the U.S. Supreme Court ruled in United States, ex rel. Polansky v. Executive Health Resources, Inc., that the federal government has authority to dismiss qui tam (or whistleblower) False Claims Act...more

Supreme Court Sides With Government (and Whistleblowers) in Preserving Relevance of Subjective Intent in FCA Cases

In one of the most highly-anticipated decisions of this term, on Thursday, June 1, 2023, the United States Supreme Court ruled that a contractor’s liability in False Claims Act (FCA) cases hinges on subjective intent — i.e.,...more

Post-Argument Review: What Government Contractors Can Do To Ready Themselves for Landmark Supreme Court Decision in FCA Cases

On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...more

CHIPS Act Funding: Revamping U.S. Leadership in Semiconductor Manufacturing

The Department of Commerce (the “Department”) announced the launch of the first Notice of Funding Opportunity (“NOFO”) under the CHIPS Act’s incentive program. This program aims to strengthen the U.S. semiconductor supply...more

Healthcare and Government Contractors Beware: False Claims Act’s “Objective Falsity” Requirement Dispute Between Circuits Persists...

Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more

A Matter of Consensus: A Preference for “Buy American” Transcends Presidential Administrations

On January 19, 2021, the Department of Defense (DoD), the General Services Administration, and the National Aeronautics and Space Administration issued a final rule amending the Federal Acquisition Regulation (FAR) concerning...more

COVID-19: Meeting Critical Business Operational Needs During Shelter-In-Place Shutdowns

In response to the COVID-19 pandemic, government authorities at every level are issuing declarations limiting daily activities. The  orders – ranging from specific industry shutdowns to shelter-in-place executive orders – are...more

Fraud and COVID-19: Law Enforcement is Acting Now

The extent of the impact of the COVID-19 pandemic on the Government’s ability to consistently and aggressively regulate, enforce and prosecute violations of the law during this crisis remains to be seen. Thus far, the...more

Government Contracting, The False Claims Act and the Art of Voluntary Disclosures

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big...more

Common Sense Prevails as D.C. Circuit Applies Upjohn in Vacating District Court Order to Produce Investigation Reports

Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more

Under Construction - March 2013: The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs

On March 1, 2013, President Obama signed the order directing “sequestration” to go into effect. As has been repeated constantly leading up to sequestration, $85 billion will now be cut from the federal government’s budget...more

Under Construction - March 2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

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