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Gilead Seeks Supreme Court Review Of Outlier Ninth Circuit FCA Ruling
On December 26, 2017, defendant Gilead Sciences Inc. filed a petition for certiorari (case number 17-936), requesting the Supreme Court to review a major Ninth Circuit False Claims Act ...
United States
15 Jan 2018
The RAND Bid Protest Study Performed Pursuant To The 2017 NDAA Fails To Support The Pentagon's Desired Restrictions On Contractors' Ability To Challenge Agency Procurement Decisions
Large contractors are not clogging up the Government's procurement system by filing a disproportionately large numbers of bid protests.
United States
9 Jan 2018
Fifth Circuit "Materiality" Ruling Recognizes FCA Limitations On Relators' Ability To Second Guess Agency Decisions
On September 29, 2016, a Fifth Circuit panel unanimously reversed one of the most astonishing FCA awards in recent years.
United States
5 Jan 2018
Fifth Circuit "Materiality" Ruling Recognizes FCA Limitations On Relators' Ability To Second Guess Agency Decisions
Should whistleblowers be permitted to recover hundreds of millions of dollars when the Government steadfastly insists that the factual underpinnings of a False Claims Act relator's allegations are flatly incorrect?
United States
4 Oct 2017
New Executive Order On Manufacturing Sheds Light On Possible Regulatory Changes For Defense Contractors
On July 21, 2017, President Trump issued Executive Order No. 13,806 on "Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States."
United States
3 Aug 2017
President Trump Signs "Buy American And Hire American" Executive Order
On April 18, 2017, at the Snap-On Tools® plant in Kenosha, Wisconsin, US President Donald Trump signed an EO addressing two aspects of the administration's policy: protection of US jobs and preference for US-manufactured products or goods.
United States
21 Apr 2017
Substantial New Rules Implementing "Fair Pay And Safe Workplaces" E.O. Create Risks For Contractors And Subcontractors
On Thursday, August 25, 2016, the US government issued a final rule amending the Federal Acquisition Regulation to implement President Obama's Executive Order on "Fair Pay and Safe Workplaces."
United States
9 Sep 2016
Supreme Court Rejects The Government's Expansive Interpretation Of "Official Act" For Honest Services Fraud And Bribery Allegations
The former governor was convicted of violating several federal laws, including committing "honest services fraud."
United States
1 Jul 2016
US Supreme Court Rejects Government's Expansive Interpretation Of "Official Act" For Honest Services Fraud And Bribery Allegations
The Court vacated the conviction of the former governor of Virginia, Bob McDonnell, because it was based on an improperly expansive interpretation of "official act" as used in the federal bribery statute.
United States
30 Jun 2016
Supreme Court Upholds Implied Certification Theory of Falsity for FCA Claims
Today, in Universal Health Services v United States ex rel. Escobar, the Supreme Court resolved a circuit split on a question of great importance for government contractors: ..
United States
16 Jun 2016
Supreme Court To Consider Implications of Seal Violation in FCA Lawsuits
On May 31, 2016, the Supreme Court granted certiorari in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, No. 15-513.
United States
1 Jun 2016
United States
6 Jan 2016
The Yates Memo – Will It Change the Application of the Mandatory Disclosure Rule?
The September 9, 2015 memorandum issued by Deputy Attorney General Yates makes clear that the Government intends to focus its investigative spotlight on possible False Claims Act violations by individuals, in addition to companies.
United States
14 Oct 2015
New Interim Cyber Rules Expand Obligations Of DoD Contractors
A few days ago, on August 26, DoD issued new interim rules amending the Defense Federal Acquisition Regulations (DFARS) with respect to "network penetration reporting and contracting for cloud services."
United States
1 Sep 2015
KBR Wins Second Mandamus Challenge to DC District Court Rulings on Attorney Client Privilege, Denying a False Claims Act Relator the Contractor's Internal Investigation Materials
Government contractors face ever-increasing pressure to develop robust compliance programs that, among other things, detect potential violations of laws and regulations—which they are then obliged to report to the agency inspector general and the contracting officer.
United States
17 Aug 2015
In an Important Victory for Government Contractors, the Supreme Court Holds that WSLA Does Not Toll the FCA's Statute of Limitations
Government contractors and health care companies have become increasingly concerned about the application of the Wartime Suspension of Limitations Act ("WSLA"), 18 U.S.C. § 3287, and the Department of Justice's ("DOJ") and False Claims Act ("FCA") relators' arguments ..
United States
27 May 2015
FAR Council Issues Interim Rule Regarding the Prohibition on Certain Corporate Inversions
Yesterday, the FAR Council issued an interim regulation addressing inverted corporations involved in government contracting.
United States
16 Dec 2014
Supreme Court Denies Cert in Highly Watched FCA Case—Regulatory Violation Must Be Related to Claim for Payment
This week, the Supreme Court denied the qui tam plaintiff’s petition for certiorari in United States ex. Rel. Rostholder v. Omnicare, Inc., a False Claims Act (FCA) case from the Fourth Circuit.
United States
8 Oct 2014
SCOTUS Will Take Up First-to-File Bar And WSLA this Term
Today the Supreme Court began a new term. The Court does not often hear cases involving government contracts, but this may be a notable year for contractors at the Court.
United States
7 Oct 2014
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