News & Analysis as of

Federal Contractors Enforcement False Claims Act (FCA)

Zuckerman Spaeder LLP

The False Claims Act Could Become the New “It” Statute in an Uncertain Enforcement Landscape

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Uncertainty was a prominent theme at last week’s ABA White Collar Crime Institute. The Trump administration has issued a series of directives that seem to shift and narrow the scope of (if not entirely abandon) a host of...more

Foley & Lardner LLP

The More Things Change… DOJ’s Latest Cyber Settlement Shows Continued False Claims Act Risk

Foley & Lardner LLP on

Although the change in administrations has heralded shifting enforcement priorities at the U.S. Department of Justice (DOJ), cybersecurity enforcement under the False Claims Act (FCA) appears to be alive and well. That is the...more

Davis Wright Tremaine LLP

New Administration Outlook: Key Provisions of Trump DEI Orders Blocked

On Friday, the U.S. District Court for the District of Maryland issued a preliminary injunction against several provisions of two executive orders signed by President Trump that sought to dismantle diversity, equity, and...more

Jenner & Block

Client Alert: Week One’s DEI Executive Orders: What the Private Sector Needs to Know

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In this client alert, we discuss three week-one executive orders that reflect promises President Trump made on the campaign trail to attack DEI. Below, we summarize the key provisions for the private sector, discuss what...more

Akin Gump Strauss Hauer & Feld LLP

Executive Order: Ending DEI and Affirmative Action for Federal Contractors/Grant Recipients

On January 21, 2025, President Trump issued an Executive Order (EO) entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” revoking EOs from previous administrations that promoted diversity, equity and...more

Wiley Rein LLP

New Administrative False Claims Act Gives Federal Agencies More Power to Pursue and Settle Fraud Claims in 2025

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Buried deep in the 2025 National Defense Authorization Act is a change to federal law that could breathe new life into an often-neglected civil fraud enforcement tool in the coming year. The newly anointed Administrative...more

Oberheiden P.C.

Defense Department Looks to Update DFARS Cybersecurity Compliance Requirements

Oberheiden P.C. on

Over the holidays, the U.S. Department of Defense (DoD) issued proposed rules for updating its Cybersecurity Maturity Model Certification (CMMC) program from its existing Defense Acquisition Regulatory Supplement (DFARS)...more

Clark Hill PLC

Government To Standardize Cybersecurity Requirements and Use of the False Claims Act as a Primary Enforcement Tool

Clark Hill PLC on

Keeping track of current Federal Cybersecurity Requirements can be challenging. Not long ago, compliance was largely a matter of self-certification. Cybersecurity requirements were often given affirmation in principle but...more

Goodwin

“Greenfield Fraught with Problems”: District of Massachusetts Holds But-For Causation Required in False Claims Act Cases Based on...

Goodwin on

On September 27, 2023, the Chief Judge of the District of Massachusetts decided that the standard in False Claims Act (“FCA”) cases premised on alleged violations of the Anti-Kickback Statute (“AKS”) is but-for causation....more

Sheppard Mullin Richter & Hampton LLP

Recent Cyber-Related False Claims Act Activity Signals Contractors and Universities Should Examine Their Cybersecurity Practices...

In recent weeks, there has been an uptick in news of cyber-related False Claims Act (“FCA”) activity. For example, on September 1, 2023, the court unsealed a qui tam lawsuit against Penn State University relating to...more

Bass, Berry & Sims PLC

Expect More Cyber-Enforcement under the False Claims Act

Bass, Berry & Sims PLC on

Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific “high impact initiatives” that the federal government will carry out to achieve its cybersecurity...more

Wiley Rein LLP

DOJ’s FY 2022 False Claims Act Report: Smaller Dollars but More Cases and Enforcement Priorities

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On February 7, 2023, the Department of Justice (DOJ) announced that FY 2022 yielded just $2.2 billion in spoils from False Claims Act (FCA) judgments and settlements—the smallest haul since 2008 and a precipitous drop from...more

PilieroMazza PLLC

Small Government Contractors and the FCA: Is More Enforcement on the Horizon?

PilieroMazza PLLC on

The False Claims Act is a primary tool in the government’s arsenal to fight fraud in federal procurement. With contractors facing a number of compliance requirements and recent Justice Department enforcement initiatives, the...more

Foley Hoag LLP - White Collar Law &...

Health Care Enforcement – A Look Ahead

This is the first post in this year’s series examining important trends in white collar law and investigations. Join us in the weeks ahead as we provide updates on new developments and emerging trends in a number of white...more

Jackson Lewis P.C.

DOJ Announces Cybersecurity Enforcement Initiative Targeting Federal Contractors

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Last week, the Department of Justice (“DOJ”) announced the launch of its Civil Cyber-Fraud Initiative (“the Initiative”) aimed at combating “new and emerging cyber threats to the security of sensitive information and critical...more

WilmerHale

Decoupling From China: Part 3 - Oversight And The Election

WilmerHale on

The COVID-19 pandemic and the serious supply chain vulnerabilities it exposed have led to a seismic shift in U.S. policy and regulation, from stepped-up measures to protect U.S. technology, intellectual property and data from...more

PilieroMazza PLLC

The False Claims Act: 2019 Takeaways and 2020 Trends

PilieroMazza PLLC on

The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2019, and it remains the primary vehicle for the...more

Sheppard Mullin Richter & Hampton LLP

Guard Against False Claims as Massive Government Spending Rolls Out to Combat COVID-19

Federal and state governments are ready to roll out over one trillion dollars in funding in response to the novel coronavirus (COVID-19) pandemic. As past is often prologue, we expect this new round of massive government...more

Foley Hoag LLP - White Collar Law &...

White Collar Year in Preview: False Claims Act Trends in 2020

Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed anti-corruption trends in 2020. Up next: a look...more

Katten Muchin Rosenman LLP

The Sixth Circuit Reins in the Government's Measure of False Claims Act Damages

Pharmaceutical and device companies, financial institutions, government contractors, oil and gas conglomerates, and other public and private entities continue to be in the crosshairs of aggressive federal government...more

Dorsey & Whitney LLP

The Continuing Far Reach of the False Claims Act

Dorsey & Whitney LLP on

Since 2009, when Congress preserved and expanded the reach of the False Claims Act (“FCA”) through the Fraud Enforcement and Recovery Act (“FERA”), Government contractors have seen a vast increase in FCA lawsuits and...more

Holland & Knight LLP

It’s Time to Re-Think the False Claims Act

Holland & Knight LLP on

The federal False Claims Act (FCA) is one of the government’s primary weapons in combating fraud by federal contractors, federal grantees and recipients of federal benefits. Since 1986, when the FCA was restructured into its...more

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