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Federal Contractors Contractors False Claims Act (FCA)

Perkins Coie

Trump DEI Executive Order Signals Risks of False Claims Act Liability for Government Contractors and Grantees

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Among the many issues raised by President Trump’s Executive Order (EO) 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”) targeting diversity, equity, and inclusion (DEI) programs is the prospect...more

Davis Wright Tremaine LLP

The Dangers of Defrauding the Government: Recent Cases Confirm Fraudulent Contractors May Face Civil and Criminal Penalties

It should go without saying that contractors should do their best to avoid lying to the government in the bidding and performance of federal contracts. The government has a host of remedies available to ensure contractors who...more

McCarter & English Blog: Government Contracts...

The False Claims Act’s Fuzzy Scienter Element Brought into Sharp Focus

Parties litigating False Claims Act (FCA) cases have long struggled with a thorny question around the essential element of scienter (the defendant’s intent, or state of mind): What/how much does a contractor need to know when...more

Bass, Berry & Sims PLC

Recent FCA Settlements in Government Contracts Cases

Bass, Berry & Sims PLC on

The government continues to prioritize fraud involving government contractors, as the Department of Justice’s (DOJ) most recent annual report on civil fraud recovery shows. Although the majority of government recoveries are...more

Jenner & Block

Government Contracts Legal Round-Up - March 2023 Issue 5

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Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

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The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Contractors Beware – Cybersecurity Litigation on the Rise Under the False Claims Act

Takeaway: The DOJ’s Cyber Fraud Initiative and qui tam actions under the False Claims Act represent signification enforcement mechanisms for cybersecurity contractor compliance. On the eve of 2022, the United States began...more

Fox Rothschild LLP

Accept No Imitations: Contractor Cannot Recover For Claim Based On Brand Name Products

Fox Rothschild LLP on

When a contractor delivers goods to the government that do not conform to the precise requirements of the contract, the results are usually . . . not good. When the agency specifies certain products in the contract, the...more

Williams Mullen

Suspension and Debarment

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The government can suspend or debar an entity or individual for a host of actions or omissions, barring them from doing business with the government. A proactive strategy of self-examination, corrective action and engagement...more

Saul Ewing LLP

Construction Law Advisory - October 2015

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The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors. In August 2015, the Attorney...more

Seyfarth Shaw LLP

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

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Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

Troutman Pepper

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

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On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth Circuit a $663,360,750 final judgment entered...more

Womble Bond Dickinson

Court Denies Stay and Revives FCA Claims Based on "Implied Certification" Theory

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In a False Claims Act lawsuit against an armored car manufacturer, Judge Kiser recently denied a motion to stay the case, pending resolution of related criminal charges, and granted a motion for reconsideration, thus reviving...more

Saul Ewing Arnstein & Lehr LLP

Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny

In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor...more

Snell & Wilmer

Common Sense Prevails as D.C. Circuit Applies Upjohn in Vacating District Court Order to Produce Investigation Reports

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Government contractors and other companies subject to internal investigation requirements won some relief from the United States Court of Appeals for the D.C. Circuit on June 26 with a decision that firmly reiterated that...more

Womble Bond Dickinson

Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

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In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended...more

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