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Government Contracting Updates

Read Government Contracting Law updates, articles, and legal commentary from leading lawyers and law firms:

Contractors Should Prepare For Potential Shutdown

As Congress and the Administration appear to be careening toward a potential government shutdown – whether on Friday January 19 or once another short-term continuing resolution expires – it is a good time for government...more

Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar

by Alston & Bird on

The False Claims Act (FCA), initially enacted in 1863 during the Civil War, was sponsored by the Lincoln administration to curtail the rampant fraud and excessive profiteering being perpetuated by government contractors, who,...more

And the False Claims Act Makes Three – 3rd Circuit Applies the More Employer-Friendly Title VII Retaliation and ADEA “But-for”...

by PilieroMazza PLLC on

She was a director of marketing for a drug company who had received a performance improvement plan to address issues related to her relationships with co-workers and supervisors. But she had also raised concerns about the...more

The State AG Report Weekly Update January 18, 2018

by Cozen O'Connor on

AG Elections- Democrat LaKresha Roberts Declares Candidacy for Delaware AG- Democrat LaKresha Roberts, former Chief Deputy AG in the Delaware AG’s office, announced her bid for Delaware AG in 2018....more

Third Circuit Holds that Heightened “But For” Causation is Required for FCA Retaliation Claims

In United States ex rel. DiFiore v. CSL Behring, LLC, the U.S. Court of Appeals for the Third Circuit held that the anti-retaliation provision of the False Claims Act (“FCA”) requires a whistleblower to show that the...more

The Shutdown Top 10: Things You Should Know Before You Send Employees Home

by PilieroMazza PLLC on

With a possible federal government shutdown looming, many government contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment...more

Government Contracts Legislative and Regulatory Updates - January 2018

by Dentons on

Our January edition of "Government Contracts Legislative and Regulatory Update" offers a summary of the relevant changes that took place during the month of December. Highlights this month include: - President Trump...more

Snowmen In August: Strict Compliance And Government Waiver of Contract Requirements

The Government “can engage a contractor to make snowmen in August, if [it spells] it out clearly [in a contract].” Rixon Electronics, Inc. v. United States, 536 F.2d 1345, 1351 (Ct. Cl. 1976). And the contractor generally...more

What A Government Shutdown Would Mean For Employers

by Fisher Phillips on

If Congress cannot approve a budget by this Friday at midnight, the federal government will shut down. What will this mean for employers across the country? A look back at the most recent government shutdown will provide...more

VA looks to SBA for Future Veteran-Owned Small Business Certification

January 10 & 11, 2018 – The Department of Veterans Affairs (VA) has published two Notices of Proposed Rulemaking which, in effect, (1) would shift the duties of certifying Veteran-Owned Small Businesses (VOSBs) as relates to...more

A rule by any other name: What is a ‘rule’ subject to disapproval under the Congressional Review Act?

by Thompson Coburn LLP on

In addition to formal regulations, informal federal regulatory guidance has become commonplace in the world of banking law. The terms “guidance,” “bulletin,” “interagency statement,” “advisory letter,” “financial...more

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Weekly Update Newsletter - January 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Pentagon Task Force’s $675 Million in Contracts to Rebuild Afghanistan Found Wasteful - According to an article from Government Executive, the Defense Department’s now-defunct business task force...more

Do You Want to See the Report That an OFCCP Compliance Officer Must Complete on Your Audit Before It Can Be Closed?

In order to close an Office of Federal Contract Compliance Programs (OFCCP) evaluation, a compliance officer (CO) must complete the Standard Compliance Evaluation Report (SCER) Form. The SCER is an internal OFCCP document...more

False Claims Act's "Rigorous" Materiality Standard Enforced by Second Circuit

by Jones Day on

The Situation: A decision by the U.S. Court of Appeals for the Second Circuit reinforces the growing body of case law regarding the strict materiality requirements of the False Claims Act. The Result: Coyne v. Amgen is...more

U.S. Court of Federal Claims Reports on Busy and Productive FY17

by Bass, Berry & Sims PLC on

The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017...more

DOJ Releases its 2017 False Claims Act Recovery Statistics

On December 21, 2017, the United States Department of Justice (DOJ) released its annual False Claims Act (FCA) recovery statistics for fiscal year (FY) 2017. The press release measures the DOJ’s total haul at $3.7 billion....more

Materiality Part II: Government Knowledge

Editor’s Note: This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal Health Services, Inc. v. United States ex rel. Escobar, 136...more

OIG Scrutiny of Patient Assistance Programs

by Shipman & Goodwin LLP on

Last week, one of the largest charity patient assistance programs in the country, Caring Voice Coalition, announced that it would not be offering financial assistance for any of its disease funds in 2018. This announcement...more

CMS Issues Billing Guidance for Major Joint Replacement (Hip or Knee)

by Tucker Arensberg, P.C. on

In the January 11, 2018 issue of MLN Connects, CMS has now widely publicized that it issued billing guidance for major joint replacements (hip or knee) in May 2017 at ICN909065. CMS reports that major joint replacement is...more

United Therapeutics Enters False Claims Act Settlement Pertaining to Patient Assistance Program

by Arnall Golden Gregory LLP on

On December 20, 2017, United Therapeutics Corporation, a Silver Spring, Maryland-based pharmaceutical company that manufactures and sells a number of drugs to treat pulmonary arterial hypertension (PAH), agreed to pay $210...more

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

OIG Advisory Opinion Allows Medical Center to Share Cost Savings with Neurosurgeons for Curbing Spinal Fusion Surgery Costs

On January 5, 2018, the Health and Human Services Office of Inspector General (OIG) posted a favorable Advisory Opinion, permitting an arrangement involving payment by a Medical Center to a multi-specialty physician Group for...more

New Procurement Threshold Values Apply Across Europe from January 1, 2018

Every two years, the European Union updates the threshold values that trigger the need for a regulated public procurement exercise across Europe. The financial thresholds effective from January 1, 2018 have now been...more

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