The reforms called for could have a significant impact on how federal contractors and their subcontractors conduct business with the federal government....more
4/25/2025
/ Deregulation ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
National Security ,
Procurement Guidelines ,
Regulatory Reform ,
Regulatory Requirements ,
Subcontractors ,
Trump Administration
The order requires a review of acquisitions for non-commercial products and services....more
On April 9, 2025, President Trump issued an executive order (the Order) to streamline the defense acquisition process and workforce, and potentially eliminate defense programs that are over budget or behind schedule....more
Agencies must shift procurement of common goods and services to GSA, which is now the government’s executive agent for procurement of information technology....more
The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations.
In a victory for False Claims Act (FCA)...more
3/12/2025
/ Anti-Kickback Statute ,
But For Causation ,
Causation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare Fraud ,
Litigation Strategies ,
Pharmaceutical Industry ,
Regeneron
Government contractors and subcontractors should be on the lookout for contract modifications as agencies begin implementing DEI-related Executive Orders....more
3/10/2025
/ Affirmative Action ,
Compliance ,
Contract Amendments ,
Contract Terms ,
Department of Defense (DOD) ,
Diversity and Inclusion Standards (D&I) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Subcontractors
On January 21, 2025, President Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the Order) directing federal agencies to enforce federal civil rights laws to...more
1/28/2025
/ Affirmative Action ,
Colleges ,
Discrimination ,
Employment Discrimination ,
Enforcement Priorities ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Executive Orders ,
Federal Contractors ,
Nonprofits ,
Private Foundations ,
Title VII ,
Trump Administration ,
Universities
The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution.
On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more
Major federal suppliers would need to perform certain climate-related actions, resulting in potential knock-on implications, expectations, and risks.
Key Points:
..The federal government’s proposed regulations would...more
The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount.
Settlements under the False Claims Act (FCA), which often...more
The decision in Universal Health upholds implied certification but strengthens False Claims Act defendants’ ability to mount a materiality defense.
On June 16, 2016 the U.S. Supreme Court issued a unanimous decision in...more
Oral argument in Universal Health indicates Justices disinclined to categorically reject False Claims Act implied certification theory, though may limit its scope.
On April 19, 2016, the United States Supreme Court heard...more
4/22/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Implied Certification ,
Materiality ,
Medicaid ,
Oral Argument ,
Reimbursements ,
SCOTUS ,
Split of Authority ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
Court has the opportunity to assess the use of statistical sampling/extrapolation as a method to prove FCA liability or damages.
Courts require that plaintiffs prove each element of a legal claim with evidence — mere...more