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
The U.S Department of Justice’s (DOJ or Department) Corporate Whistleblower Awards Pilot Program (Pilot Program) has hit the ground running, reportedly triggering more than 100 reports since it went live on August 1, 2024....more
Years from now, might we cite a recent Middle District of Florida decision as the beginning of the end of the False Claim Act’s (FCA) qui tam provision in its current form? In granting the defendants’ motion for judgment on...more
As a result of a broader U.S. government effort to address supply chain vulnerabilities, Congress passed a new law focused on U.S. Department of Defense (DOD) contracting with certain entities that operate under foreign...more
Legislators returned to Raleigh on Wednesday and passed a disaster relief bill (H 149) primarily focused on Hurricane Helene damage. Legislators indicated they expect to return to Raleigh on October 24 and may consider...more
Last week, the U.S. Department of Defense (DOD) published a proposed rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a statutory prohibition on DOD awarding contracts with...more
The U.S. Small Business Administration (SBA) recently issued a proposed rule that covers a variety of topics that will be of interest to small- and large-business government contractors, touching on requirements for the...more
A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...more
With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more
We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more
On September 30, 2024, Judge Kathryn Kimball Mizelle held that the qui tam provision of the FCA violates the Appointments Clause of the United States Constitution because False Claims Act (“FCA”) relators are acting as...more
The federal government is the biggest purchaser in America and that extends to the SaaS space. On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, offering updated guidelines for the...more
On October 7, 2024, the U.S. Supreme Court declined to hear a case concerning the “willfulness” element of the Anti-Kickback Statute (the “AKS”). This decision leaves intact a recent Second Circuit holding, which established...more
The Office of Management and Budget (OMB) has released Memorandum M-24-18, introducing new requirements and guidance for federal agencies on the responsible acquisition of artificial intelligence (AI). This memorandum aims to...more
The Zafirov Ruling and Whistleblowers of Fraud - On September 30, 2024, a federal district court in Florida ruled that the False Claims Act (FCA) violates the U.S. Constitution when it permits private citizens to sue on...more
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