News & Analysis as of

Certification Requirements False Claims Act (FCA)

Bass, Berry & Sims PLC

Implementation of Trump DEI Orders Slower than Expected: What Contractors Should Know

Bass, Berry & Sims PLC on

One of President Trump’s campaign themes was ending diversity, equity, inclusion (DEI) programs, and he moved quickly to address those campaign promises. Within days of his inauguration, the president issued two executive...more

Lathrop GPM

Dept. of Education Certification Requirement Tied to “Antidiscrimination Obligations” for Continued K-12 Federal Funding

Lathrop GPM on

On April 3, 2025, the U.S. Department of Education (ED) issued a press release announcing the ED sent certification letters to state commissions that oversee K-12 State Education Agencies (SEAs), charging SEAs with the...more

Parker Poe Adams & Bernstein LLP

Key Considerations as K-12 Leaders Navigate Minefield Involving DEI, Federal Funding, and Potential Investigations

K-12 school districts across the country now face a tight deadline to navigate a minefield with significant legal and funding implications. ...more

Genova Burns LLC

What Employers Need To Know About DEI Certifications

Genova Burns LLC on

On January 20, 2025, the Trump Administration signed Executive Order 14173 on “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Executive Order). The Executive Order seeks to end diversity, equity,...more

Orrick, Herrington & Sutcliffe LLP

Foreign Contractors Face New U.S. DEI Certification Requirements

Foreign companies with U.S. government contracts are facing new scrutiny. Media outlets are reporting that the U.S. Embassy in Paris has ordered dozens of French companies with U.S. government contracts to certify, pursuant...more

Bass, Berry & Sims PLC

Key Changes to Federal Contract and Grant Rules: What Government Contractors and Grant Recipients Need to Know About Trump’s First...

Bass, Berry & Sims PLC on

The first seven days of the Trump administration have brought new meaning to the saying that the only constant in government contracting is change. Multiple executive actions promise to be just the start of what is expected...more

A&O Shearman

DoD Cybersecurity Maturity Model Certification requirements go into effect

A&O Shearman on

On December 16, 2024, the new Cybersecurity Maturity Model Certification (CMMC) 2.0 program from the U.S. Department of Defense (DoD) will go into effect. CMMC 2.0 aims to improve cybersecurity standards within the defense...more

Miles & Stockbridge P.C.

DoD Issues Final Rule for CMMC Program, Finally Setting the Stage for Full Implementation

Miles & Stockbridge P.C. on

The Department of Defense (DoD) published a Final Rule earlier this month formally implementing the Cybersecurity Maturity Model Certification (CMMC) Program. This Final Rule is the culmination of five years of work to...more

Harris Beach Murtha PLLC

New Rule Requires Defense Contractors to Meet Cybersecurity Standards

The Office of Information and Regulatory Affairs (OIRA) recently cleared the final rule for the U. S. Department of Defense’s Cybersecurity Maturity Model Certification (CMMC) program, putting the agency one step closer to...more

Holland & Knight LLP

New Requirements for Research Security Programs Raise the Stakes for Compliance

Holland & Knight LLP on

The National Security Presidential Memorandum-33 (NSPM-33), issued in January 2021, directed federal agencies that fund research and development (R&D) projects to require certain "Covered Institutions" to certify that the...more

Goodwin

CMMC 2.0: Defense Contractors Get Ready

Goodwin on

The US Department of Defense (DoD) has issued a proposed rule to implement its long-awaited Cybersecurity Maturity Model Certification program (CMMC 2.0). This proposed rule — released on December 26, 2023, and published in...more

Holland & Knight LLP

Department of Defense Releases Long-Awaited CMMC Proposed Rule

Holland & Knight LLP on

Two years after announcing the second iteration of the U.S. Department of Defense's (DoD) Cybersecurity Maturity Model Certification (CMMC) program, the DoD released its proposed rule that, if adopted, will implement the...more

Latham & Watkins LLP

US Government Uses Receipt of PPP Funds to Create Piggyback Liability in FCA Case

Latham & Watkins LLP on

Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds. An April 2022 US Department of Justice (DOJ) settlement suggests...more

BakerHostetler

Could Careless Coders Face False Claims Liability?

BakerHostetler on

New Software Development Security Attestation and Related False Claims Act Liability for Commercial and Noncommercial Software Developers and Suppliers - Key takeaway - Software producers at all levels in the federal...more

Wiley Rein LLP

Contractor Certifications Regarding Labor Law Compliance Revived by USDA

Wiley Rein LLP on

WHAT: The U.S. Department of Agriculture issued a proposed rule that would update the Agriculture Acquisition Regulation (AGAR) with significant new compliance obligations for the agency’s contractors and subcontractors. ...more

Polsinelli

USDA Seeks to Revive “Blacklist” Rule Requiring Contractors to Certify Labor Violations

Polsinelli on

On February 17, 2022, the United States Department of Agriculture (USDA) published a Notice of Proposed Rulemaking updating USDA’s Agriculture Acquisition Regulation (AGAR), the agency’s counterpart to the Federal Acquisition...more

Arnall Golden Gregory LLP

Is There a Constitutional Limit to Excessive Fines in False Claims Act Cases? Eleventh Circuit Says a Million Dollar Fine for a...

In late December, the U.S. Circuit Court of Appeals for the Eleventh Circuit issued its decision in Yates v. Pinellas Hematology & Oncology, P.A. The appellate court affirmed the district court’s imposition of damages and...more

Holland & Knight LLP

False Claims Act Meets Cybersecurity: DOJ's New Civil Cyber-Fraud Unit

Holland & Knight LLP on

Earlier this week, the U.S. Department of Justice (DOJ) announced the launch of its new Civil Cyber-Fraud Initiative — an effort designed to harness the department's knowledge in civil fraud enforcement, government...more

Dorsey & Whitney LLP

False Claims Act Case Tracker for Paycheck Protection Program Fraud - Update

Dorsey & Whitney LLP on

In the Spring of 2020, the Small Business Association (“SBA”) began administering the Paycheck Protection Program (the “PPP” or the “Program”) to provide SBA-backed loans to help eligible businesses maintain their workforces...more

Stinson - Government Contracting Matters

Small Business Government Contractors Need to Watch Out for Increasing Criminal and False Claims Act Liability in Small Business...

The U.S. Small Business Administration (SBA) preference programs can be vital for small businesses trying to compete in the potentially lucrative world of U.S. government contracting, but participation in these programs is...more

Sheppard Mullin Richter & Hampton LLP

Tips for the Unwary: Precautions Against Liability for Healthcare Businesses Receiving CARES Act Funds

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided trillions in economic relief in response to the COVID-19 pandemic, including hundreds of billions of dollars in aid for the healthcare industry....more

Mintz - Energy & Sustainability Viewpoints

SBA Issues Additional Guidance Regarding “Necessity” Certification Required under the CARES Act

Today the Small Business Administration (SBA) issued additional guidance with respect to the “necessity” certification required under the CARES Act in connection with the Paycheck Protection Program (PPP). The relevant...more

Eversheds Sutherland (US) LLP

New guidance issued on Paycheck Protection Program; loans with original amounts under $2 million will be deemed in good faith

The Treasury and the Small Business Administration (SBA) today updated its set of Frequently Asked Questions (FAQs) with respect to the Paycheck Protection Program (PPP) established under the Coronavirus Aid, Relief, and...more

Jones Day

Sixth Circuit 2-1 Ruling Addresses False Claims Act Materiality and Scienter Standards

Jones Day on

The Decision: A divided Sixth Circuit panel held that allegations of submitting late-signed supporting documents to Medicare could plead False Claims Act ("FCA") materiality and scienter. The Reasoning: Timing regulations...more

Bass, Berry & Sims PLC

North District of California Misconstrues Express False Certification Liability

Bass, Berry & Sims PLC on

This summer, the Northern District of California issued an opinion in an intervened case that expanded the theory of express false certification to a startling degree. Ruling on a motion to dismiss, the court in U.S. ex rel....more

26 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide