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Executive Order Seeks to Impose False Claims Act Liability for Federal Contractors’ DEI Programs

On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order), which seeks to eliminate diversity, equity, and inclusion (DEI) policies...more

Supreme Court To Decide Significant Case on False Claims Act's Scienter Standard

On January 13, 2023, the Supreme Court granted certiorari in a pair of consolidated cases from the Seventh Circuit that could result in one of the most consequential False Claims Act (FCA) decisions since the FCA was amended...more

Justice Department Issues Guidance on Dismissing Qui Tam False Claims Act Cases Over Relators' Objections

On January 10, the head of the Justice Department's Civil Frauds Section issued an internal memorandum instructing all Department attorneys handling False Claims Act (FCA) cases to consider whether, when declining to...more

Pratt's Government Contracting Law Report

In a unanimous decision, the U.S. Supreme Court recently upheld the “implied certification” theory of liability under the False Claims Act, while emphasizing that only material misrepresentations are actionable. In this...more

Supreme Court Upholds Implied Certification Liability, While Emphasizing Materiality Requirement

In Universal Health Services v. United States ex rel. Escobar, the Supreme Court today unanimously upheld the “implied certification” theory of liability under the False Claims Act (FCA), while emphasizing that only material...more

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