Searching Content indexed under Government Contracts, Procurement & PPP by McDermott Will & Emery ordered by Published Date Descending.
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Recent Indictments Demonstrate Increased Focus On Bid-Rigging In Government Procurements
Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements.
United States
21 Jun 2019
Alta Wind: Federal Circuit Reverses Trial Court And Kicks Case Back To Answer Primary Issue
We have reported on the Alta Wind case several times in the past two years
United States
13 Aug 2018
District Court Decision Joins Ranks Of FCA Cases Confirming Escobar's Materiality Standard
On June 8, 2018, the US District Court for the Eastern District of Virginia granted in part a motion for summary judgement filed by a government contractor ...
United States
6 Jul 2018
Fourth Circuit Decision In Triple Canopy Sets Up Another Implied Certification Circuit Split
In this case, the government had contracted with a private security company to provide guards at a military airbase in Iraq.
United States
13 Jun 2017
Relying On Escobar, Ninth Circuit Tosses Implied Certification Case
On January 12, 2017, the US Court of Appeals for the Ninth Circuit affirmed a district court's grant of summary judgment in favor of a government contractor...
United States
20 Jan 2017
Seventh Circuit Rejects FCA Retaliation Claim
The defendant had contracted with the US Army to perform electrical work at bases in Northern Afghanistan.
United States
25 Oct 2016
Seventh Circuit Affirms Summary Judgment For Federal Subcontractor In FCA Suit Regarding Fringe Benefit Withholdings
While upholding the grant of summary judgment for the defendant, the Seventh Circuit based its ruling on different grounds than the district court.
United States
27 Jul 2016
Implied Certification FCA Suit Against Defense Contractors And Retired Army Colonel Dismissed
Yet another federal court has rejected a False Claims Act (FCA) lawsuit brought under an implied certification theory, finding that non-compliance with federal laws and regulations that are not express conditions of payment cannot form the grounds for a FCA suit.
United States
19 Apr 2016
The Department Of Labor Issues Proposed Regulations Implementing Paid Sick Leave For Federal Contractors
On February 25, 2016, the Department of Labor (DOL) announced its proposed regulations to implement Executive Order (EO) 13706, establishing paid sick leave for federal contractors.
United States
13 Apr 2016
District Court Dismisses FCA And Retaliation Claims Based On Allegations That Government Contractor Charged An "Unreasonable Price"
In 2013, DOS awarded PAE a contract to supply "life support and logistical function" at embassies and consulates throughout Iraq.
United States
4 Mar 2016
Sixth Circuit Slashes "Tainted Goods" FCA Damages Award By Over 95%
The United States Court of Appeals for the Sixth Circuit issued a dramatic reduction to an False Claims Act damages award on February 4, 2016, reducing the award from $762,894.54 to a mere $14,748.
United States
22 Feb 2016
First Circuit Rules On Crime-Fraud Exception To Attorney-Client Privilege
The crime-fraud exception to the attorney-client privilege sometimes becomes an issue in government enforcement matters, including litigation under the False Claims Act.
United States
4 Jan 2016
DOJ Boasts About $3.5 Billion In Recoveries From False Claims Act Cases In FY 2015
The U.S. Department of Justice (DOJ) continues to tout its total annual recoveries in False Claims Act cases, as it does each year after the federal government's fiscal year closes in September.
United States
15 Dec 2015
D.C. Circuit Finds For FCA Defendant Where Liability Premised On Interpretation Of Undefined, Ambiguous Term
In what is sure to be a frequently cited ruling, the D.C. Circuit has reversed a jury's verdict against a False Claims Act (FCA) defendant.
United States
7 Dec 2015
On Remand, Eastern District Of Virginia Narrowly Construes Supreme Court's KBR Holding
In a November 12, 2015 decision in a long running qui tam suit under the False Claims Act (FCA), the U.S. District Court for the Eastern District of Virginia dismissed a relator's case pursuant to the first-to-file bar (31 U.S.C. § 3730(b)(5)) for the second time.
United States
19 Nov 2015
One District Court Finds Limits To Express Certification
We have previously written about recent challenges to the "implied certification" theory of the False Claims Act. One district court has also recently addressed express certification.
United States
14 Oct 2015
Issues Of Fact Must Really Be Genuine: Another District Court Ends A Relator's FCA Suit On Scienter Grounds
On the heels of the recent Omnicare summary judgment ruling ( covered in this blog) comes another scienter-based summary judgment victory for a False Claims Act (FCA) defendant...
United States
23 Sep 2015
Recent Fifth Circuit Decision Spotlights Perils Of Complex Procedural Issues
Because the district court failed to consider the merits of the Rule 60(b) motion, it must now address that motion on remand even though, as a review of the pleadings demonstrates, there is little basis for relief.
United States
2 Sep 2015
Recent Appellate Developments In "Implied Certification"
We have previously written several articles regarding the circuit courts' application of the so-called "implied certification" theory of liability under the False Claims Act (FCA).
United States
28 Jul 2015
Fifth Circuit Enforces High Rule 9(b) Bar In Affirming Dismissal Of Implied Certification Case
In U.S. ex rel Gage v. Davis S.R. Aviation, LLC, the U.S. Court of Appeals for the Fifth Circuit confirmed the high degree of specificity needed to successfully plead a claim under the False Claims Act (FCA).
United States
21 Jul 2015
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