When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more
2/28/2024
/ Breach of Contract ,
Construction Contracts ,
Contract Drafting ,
Contract Terms ,
Counterclaims ,
Damage Caps ,
Federal Contractors ,
Fluor ,
Liability ,
Prime Contractor ,
Quantum Meruit ,
Subcontractors
In August 2023, the Office of Inspector General for the Department of Health and Human Services (OIG) announced a new strategic plan to investigate the life cycle of Medicare Advantage and Medicaid managed care contracts from...more
On June 1, 2023, the U.S. Supreme Court issued a unanimous opinion in United States ex rel. Schutte v. SuperValu Inc. reversing a pair of False Claims Act (FCA) cases on review from the Seventh Circuit Court of Appeals. In...more
6/7/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Fraud ,
Medicaid ,
Medicare ,
Objective Falsity ,
Objective Standard ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Qui Tam ,
Reasonable Interpretations ,
Scienter ,
SCOTUS ,
Subjective Standard ,
Universal Health Services Inc v United States ex rel Escobar ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
One hundred sixty years ago, Congress passed the False Claims Act (FCA) in response to widespread fraud committed against the United States government during the Civil War. Known as the "Lincoln Law," the FCA was originally...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community.
...more
3/13/2023
/ Biden Administration ,
Clean Energy ,
Data Breach ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Regulatory Requirements ,
Reporting Requirements ,
State Contractors ,
Supply Chain ,
Sustainability ,
Underserved Locations
In the midst of the year-end legislative push, Congress last week passed S. 3905, the "Preventing Organizational Conflicts of Interest in Federal Acquisition Act." This "good government" law requires the Federal Acquisition...more
On January 25, in United States ex rel. Sheldon v. Allergan, No. 20-2330 (4th Cir., Jan. 25, 2022), the United States Court of Appeals for the Fourth Circuit upheld a lower-court dismissal of a False Claims Act (FCA) case...more
2/10/2022
/ Appeals ,
Appellate Courts ,
Centers for Medicare & Medicaid Services (CMS) ,
Fair Credit Reporting Act (FCRA) ,
False Claims Act (FCA) ,
Medicaid ,
Medicaid Drug Rebate Program ,
Objective Falsity ,
Safeco ,
Scienter ,
Universal Health Services Inc v United States ex rel Escobar