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 White House Office of Management and Budget (OMB) recently released Memorandum M-24-18, which directs how federal agencies will procure artificial intelligence (AI) technologies. M-24-18 and its accompanying fact sheet,...more
The Time Is Now for Defense Contractors To Get Compliant. If you work for a defense contractor or subcontractor responsible for handling controlled unclassified information (CUI) and/or federal contract information...more
The phrase “no good deed goes unpunished” represents the figurative irony that results when one seeking to help gets penalized instead. United States v. Moore, a recent decision from the 11th Circuit Court of Appeals,...more
In accordance with Sections 1267 and 1274 of the Michigan Revised School Code, MCL 380.1267 and MCL 380.1274, the Michigan Department of Education (MDE) has issued its annual memorandum to establish the competitive bidding...more
On October 11, 2024, the Department of Defense (“DoD”) issued the first part of its final rule establishing the Cybersecurity Maturity Model Certification (“CMMC”) program. As expected, the final rule requires companies...more
WHAT: On October 15, 2024, the U.S. Department of Defense (DOD) will publish the final CMMC 2.0 Program rule. DOD’s final rule outlines the mechanisms that DOD will use to prescribe cybersecurity standards for safeguarding...more
This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors. A U.S. District Court in Florida held that the qui tam...more
Last month, a federal judge in Kentucky issued a decision granting a preliminary injunction to partially block the United States Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program. A copy of the...more
The final rule codifying CMMC 2.0, known as the 32 CFR Programmatic Rule, has been released and will be published to the Federal Register on October 15, 2024. The rule is effective 60 days after publication....more
Businesses who employ in-house attorneys frequently assume that copying their lawyer on internal communications shields the communications from discovery because of the attorney-client privilege. In 1981, the U.S. Supreme...more
Much has been written in recent months about the Department of Justice’s national Whistleblower Rewards Program, including a recent article I co-authored with Mike Gill entitled 7 Strategies to Comply with the DOJ’S New...more
Does your company have a government contract or plan to seek business with a government entity in New Jersey? If so, it is essential to understand the rules that could result in the breach of an existing contract and the...more
For veteran small business owners interested in bidding on federal and/or state government contracts, this article outlines the basic steps for: 1. Registering with the federal government’s System Award Management site...more
The United States Department of Justice (“DOJ”) filed a criminal complaint against Michael Sawyer and Latronia Sanders of New Jersey for their alleged roles in a conspiracy to commit wire fraud. The alleged wire fraud is...more
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