News & Analysis as of

Contract Terms False Claims Act (FCA)

Bradley Arant Boult Cummings LLP

Navigating Federal Solicitations with Artificial Intelligence

As the federal government continues to modernize procurement processes and embrace emerging technologies, contractors are increasingly turning to artificial intelligence (AI) tools to streamline their responses to...more

Morgan Lewis

Strategy Considerations for Companies Assessing Risks of Fraud Liability for DEI Programs

Morgan Lewis on

On May 19, 2025, the US Department of Justice announced the establishment of the Civil Rights Fraud Initiative, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient...more

Wiley Rein LLP

GSA Announces Expansion of “Transactional Data Reporting” Program, Reducing Compliance Obligations for GSA Schedule Contractors

Wiley Rein LLP on

WHAT: The U.S. General Services Administration (GSA) recently announced its planned expansion of the Transactional Data Reporting (TDR) program, which will make TDR mandatory for GSA Schedule contractors whose contracts...more

A&O Shearman

Supreme Court Decision Endorses Fraudulent-Inducement Theory Under Federal Wire Fraud Statute, Resolving Circuit Split And...

A&O Shearman on

On May 22, 2025, in a significant decision that clarifies the scope of the federal wire fraud statute and resolves a circuit split, the U.S. Supreme Court upheld a pair of wire fraud convictions that had been premised on a...more

Foley Hoag LLP - White Collar Law &...

Federal Fraud: No Harm, No Foul? Supreme Court Says “Not So”

On May 22, 2025, the Supreme Court issued a unanimous decision broadening applicability of the federal wire fraud statute. In Kousisis v. United States, the Court held that a defendant may be convicted of wire fraud for...more

WilmerHale

Supreme Court Rejects Economic-Loss Requirement for Wire Fraud but Underscores Materiality as a Limiting Element of Federal Fraud...

WilmerHale on

On May 22, 2025, the Supreme Court unanimously declined to limit federal wire fraud to cases involving economic loss to the victim, upholding convictions of two government contractors who obtained contracts from a state...more

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

Ice Miller

As the Department of Justice Affirms and Advances Its Cyber-Fraud Initiative, Government Contractors Should Take Steps to Ensure...

Ice Miller on

While some areas of white-collar enforcement have been deprioritized by the Trump Administration, the Department of Justice (DOJ) remains committed to its Civil Cyber-Fraud Initiative as demonstrated by two recent False...more

Venable LLP

Event in Review: Trump 2.0: A Brave New World for Government Contractors

Venable LLP on

A wave of executive orders from the Trump administration is rapidly reshaping the landscape for federal contractors, with sweeping changes to U.S. foreign aid, diversity initiatives, and gender policy....more

Sheppard Mullin Richter & Hampton LLP

Understanding the U.S. Embassy Paris Certification Requirement

Last week, the U.S. Embassy in Paris issued a letter and certification form to multiple French companies requiring companies that serve the U.S. Government to certify their compliance with U.S. federal anti-discrimination...more

PilieroMazza PLLC

OCI Mitigation Plans: Proposed Rule Emphasizes Compliance and Increased Enforcement

PilieroMazza PLLC on

PilieroMazza recently published a client alert regarding a Proposed Rule on Organizational Conflicts of Interest (OCI). On January 15, 2025, DoD, GSA, and NASA (collectively, the Government) issued a Proposed Rule (Proposed...more

Wilson Sonsini Goodrich & Rosati

Key Considerations for Contracting with Healthcare Revenue Cycle Management Companies

Revenue cycle management companies (RCM Companies) help healthcare organizations manage billing, coding, claim submissions, and collections. Partnering with an RCM Company can enhance efficiency, accuracy, and...more

Cozen O'Connor

Sports Betting Companies Pay $6.5 Million for Allegedly Conspiring to Violate D.C. Laws

Cozen O'Connor on

District of Columbia AG Brian Schwalb has settled with Intralot, Inc. and Veterans Services Corporation (VSC) to resolve an investigation into allegations that the companies deceived city officials in violation of the...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

Proskauer Rose LLP on

Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

King & Spalding

Proposed FAR Revisions Aim to Standardize Cybersecurity Requirements Across Agencies and Add Incident Reporting Obligations for...

King & Spalding on

On October 3, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration published two sets of proposed revisions to the Federal Acquisition Regulation (“FAR”) pertaining...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

Dorsey & Whitney LLP

No Claim Too Small: Contractor Settles FCA Claims for Failure to Return $14,000 of Reimbursed Equipment

Dorsey & Whitney LLP on

On May 28, 2021, a District of Maine judge granted a joint motion for stipulated judgment in favor of the United States, ending the False Claims Act suit against a Coast Guard contractor hired to assist with the excavation of...more

Wiley Rein LLP

Ninth Circuit Affirms Contract Exclusion Bars Coverage for False Claims Act Lawsuit

Wiley Rein LLP on

The United States Court of Appeals for the Ninth Circuit, applying California law, affirmed a district court opinion finding no coverage under a directors and officers liability policy for a lawsuit brought against the...more

Snell & Wilmer

Warning! Danger Ahead for Public Entities

Snell & Wilmer on

Public entities are known to assert False Claims actions “to up the ante” to intimidate and aggressively address contractor construction claims. This strategy in the case of John Ross of Industrial Sheet Metal, Inc. (JRI) V....more

Troutman Pepper Locke

Fixed-Price Contracts Are Simple - Or Are They?

Troutman Pepper Locke on

Firm fixed-price contracts seem like a simple concept in practice — agreements that do not allow for the modification of the contract price after award without an express agreement between the parties. Originally published...more

Bass, Berry & Sims PLC

Court Rejects Cap on FCA Damages for Allegations of Subcontracting Plan Fraud

Bass, Berry & Sims PLC on

Last month, the U.S. District Court for the Eastern District of Washington denied a motion to limit damages against a government contractor, United States ex rel. Savage v. Washington Closure Hanford LLC, where the government...more

Harris Beach Murtha PLLC

Construction Law Group News: General Contractor's false certifications bar it from any recovery from Owner

In a case of first impression, a Massachusetts Superior Court judge recently ruled that a general contractor, G4S ("the General"), could not recover any of its over $14M claim against a public owner MTPC ("the Owner") because...more

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