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Defense Department Audit Report Provides Contractors with a Roadmap to Assess and Mitigate Cybersecurity False Claims Act Risk

On December 4, the Department of Defense Office of Inspector General (DoD OIG) issued a “special” Audit Report (the Report) that provides insight into common cybersecurity weaknesses related to the protection of Controlled...more

Government Contractors Beware: New Cybersecurity Rules and False Claims Act Enforcement Actions on the Rise

Two years after the Department of Justice (DOJ) established its Civil-Cyber Fraud Initiative, there has been a recent uptick in enforcement and regulatory activity related to cybersecurity. September opened with the unsealing...more

DOJ’s Civil Division Outlines Enforcement Priorities and Focus on COVID-19 Related Fraud

- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more

Reducing False Claims Act Exposure in the Aftermath of COVID-19 Legislation

- The government has pledged to prioritize investigations and prosecutions regarding alleged frauds related to coronavirus programs. - The False Claims Act is the government’s primary enforcement tool to prosecute alleged...more

DOJ Announces New FCA Policy

• The Department of Justice (DOJ) has adopted a policy to incentivize companies and individuals to voluntarily disclose civil False Claims Act (FCA) violations, cooperate with government investigators and undertake effective...more

Summary of First AGO Hearing re CCPA-Related Regulations

The 2018 California Consumer Privacy Act (CCPA) requires the California Attorney General’s Office (AGO) to promulgate regulations related to the CCPA by July 1, 2020. The AGO is holding a series of six public forums and...more

Yates Memo Revisions Encourage Cooperation, but Fail Fully to Achieve a Common-Sense Approach to Civil Enforcement

• Recent Justice Manual changes roll back Yates memo requirements for corporations seeking cooperation credit in enforcement actions, including civil enforcement actions. • Corporations can now receive maximum cooperation...more

False Claims Act Suit Dismissed Based on Granston Memo Considerations

• DOJ is implementing the Granston memo policy in seeking dismissal of FCA qui tam actions when it is in the government’s interest, particularly when protecting its resources, discretion and litigation priorities. • DOJ...more

California Governor Signs Into Law Amendments to CCPA

This week, Governor Brown signed into law various amendments to the 2018 California Consumer Privacy Act (CCPA) passed by the California Legislature at the end of August. We discussed those amendments in detail in an earlier...more

9th Circuit Makes Mandatory Escobar’s Implied False Certification Test, But Fails to Faithfully Follow Escobar’s Directives

• Escobar’s two-part implied false certification test is mandatory in the 9th Circuit. • Though couched as adopting the Escobar standard, the 9th Circuit panel’s decision may actually undermine Escobar’s overarching...more

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

Summary and Significance of the Supreme Court’s Decision in Escobar

On June 16, 2016, Justice Thomas, writing for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar,examined the circumstances under which an “implied false certification” can trigger liability...more

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