False Claims Act Insights - Are the FCA’s Qui Tam Provisions Unconstitutional? One Federal Judge Says “Yes"
Enhancing Compliance: The Power of Independent Monitorships in Consumer Protection — Regulatory Oversight Podcast
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Understanding Pharmacy Benefit Managers: The PBM Landscape Explained
Navigating Government Contracts: Diana Shaw on Oversight and Whistleblower Protections
The CMS Interoperability and Prior Authorization Rules
Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors
Navigating ESG: Preparing for Future Regulations (Part Two) — Regulatory Oversight Podcast
2024 State Legislative Review: Key Payment Laws and Their Impacts — Payments Pros – The Payments Law Podcast
False Claims Act Insights - Are All Healthcare “Kickbacks” Subject to FCA Liability?
Navigating ESG: The Growing Importance and Compliance Challenges (Part One) — Regulatory Oversight Podcast
Understanding FOCI Mitigation
Work This Way: A Labor & Employment Law Podcast - Episode 28: Construction Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
Episode 333 -- The Boeing Proposed Plea Agreement
DOJ’s New Self-Disclosure Policy and Corporate Whistleblower Awards Pilot Program
DE Under 3: AI Revolution is Now Here with Major Ramifications
False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
Landslides and slope failures resulting from disasters cause millions of dollars in damage to infrastructure each year. Following a disaster, funding for repair and restoration of infrastructure, including roads and bridges,...more
The federal False Claims Act (“FCA”) is the United States’ primary civil tool for prosecuting fraud against the government. It was enacted in 1863 during the Civil War and, from its inception, has included qui tam provisions...more
Telemedicine, which has been a fertile source of criminal prosecutions for federal prosecutors in recent years, is increasingly generating federal False Claims Act cases. This development is hardly surprising as the U.S....more
Last week, California Governor Gavin Newsom signed a new law that amends key provisions of the state’s pay-to-play statute which limits political contributions by state and local contractors and their agents....more
We invite you to join us for an insightful webinar on Best Practices in Cyber Preparedness for Government Contractors and Critical Infrastructure Operators on Wednesday, October 23, 2024, from 12:00 p.m. – 1:00 p.m. EDT....more
Department of Health and Human Services (HHS) Interim Final Rule: Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards - On October 2, HHS published an interim...more
Federal Trade Commission Chair Lina Khan's term as a member of the commission technically expires on Sept. 25. This does not mean she has to pack her bags. Instead, several scenarios could unfold. It is conceivable that...more
The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution. On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more
On September 23, 2024, the United States District Court for the Eastern District of Kentucky (the “Court”) issued an Opinion and Order in Mid-America Milling Co., LLC, et al., v. U.S. Department of Transportation, et. al.,...more
On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more
Beyond their immediate purpose of resolving procurement disputes, bid protest decisions of the Government Accountability Office (GAO) and the U.S. Court of Federal Claims are valuable in two other ways. First, these rulings...more
Host Jonathan Porter is joined by Husch Blackwell partners Jody Rudman and Lorinda Holloway to discuss the implications of a September 2024 federal court decision from the Middle District of Florida that strikes down the...more
On September 4, 2024, the U.S. Department of Defense (DoD) issued a proposed rule to update its longstanding but little-known regulations for prototype other transactions (OTs), including new sections that authorize follow-on...more
Federal contractors may need to be prepared to increase pay for employees working on, or in connection with, covered federal government contracts. The hourly minimum wage for employees performing work on federal contracts...more
With the recent Supreme Court decision ending affirmative action in college admissions, similar statutory presumptions of disadvantage, such as DOT’s DBE program, are susceptible to similar challenge. The Court issued a...more
Since 2016, the federal government has implemented numerous procurement regulations and associated contract clauses to address cybersecurity by requiring contractors to adopt various controls and standards to protect...more
On September 19, the Government Accountability Office (GAO) issued a report highlighting a gap in current Organizational Conflicts of Interest (OCIs) restrictions. According to the report, the Federal Acquisition Regulation...more
Former Congressman Peter Roskam, who leads BakerHostetler’s Federal Policy team, provides listeners with a front-row seat to the most important policy and political debates in Congress. In this episode of “The Cloakroom with...more
The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more
Governor Newsom signed a bill on September 30 that will update the State’s “pay to play” campaign contribution law commonly known as the “Levine Act” starting on January 1, 2025. The Levine Act currently prohibits agency...more
The Office of Management and Budget (OMB) has given final approval to a monthly data collection from construction companies. The Office of Federal Contract Compliance Programs (OFCCP) had requested this data collection in...more
On September 30, 2024, a federal judge for the Middle District of Florida issued a groundbreaking decision invalidating the qui tam provision of the False Claims Act (“FCA”) as unconstitutional because the relator (or...more
For contractors and subcontractors providing certain services to the federal government, compliance with the Service Contract Act (or Service Contract Labor Standards) is required. Unique bidding and performance requirements...more
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
On September 30, 2024, the U.S. District Court for the Middle District of Florida issued an order dismissing a qui tam case under the False Claims Act (“FCA”) and holding the relator provisions of the FCA to be...more