News & Analysis as of

Federal Contractors False Claims Act (FCA) Appeals

Blank Rome LLP

An Update on the DEI Certification Provision of Executive Order 14173

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On May 2, 2025, the United States District Court for the District of Columbia denied Plaintiffs’ Motion for a Preliminary Injunction in National Urban League et al. v. Trump, et al., 25-471, a case that seeks to halt...more

Seyfarth Shaw LLP

Six Essential Tips for Navigating the Contract Claims Process in Government Contracting

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...more

Seyfarth Shaw LLP

Chicago Federal District Court Issues Targeted Order Enjoining Department of Labor from Presenting DEI Certifications to Federal...

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On March 27, 2025, a federal district court in Chicago issued a temporary restraining order (TRO) blocking the Department of Labor from implementing key provisions from two of President Trump’s Executive Orders issued in...more

Epstein Becker & Green

#WorkforceWednesday®: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week®

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This week, we’re focused on federal contractors and the effects that the reinstatement of Executive Orders 14151 and 14173 will have on employers: President Trump’s executive orders against diversity, equity, and inclusion...more

Smith Anderson

Fourth Circuit Lifts Injunction on Key DEI Executive Order Provisions

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The Fourth Circuit recently lifted the nationwide preliminary injunction that had blocked federal agencies from carrying out key provisions in two of President Trump’s Executive Orders on Diversity, Equity and Inclusion...more

Partridge Snow & Hahn LLP

Court of Appeals Order Will Allow DEI Executive Orders to Take Effect, Pending Further Review

In a decision on Friday, March 14, 2025, a panel of the Fourth Circuit Court of Appeals issued a stay pending appeal in a legal challenge to a pair of President Trump’s executive orders which promulgated new policy directives...more

Paul Hastings LLP

Fourth Circuit Court of Appeals Stays Preliminary Injunction of Anti-DEI Executive Order

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On March 14, 2025, the Fourth Circuit Court of Appeals stayed the nationwide preliminary injunction previously issued by the District of Maryland, which had enjoined certain aspects of Executive Order No. 14173, President...more

Hahn Loeser & Parks LLP

Fourth Circuit Court of Appeals Allows for Enforcement of DEI-Related Executive Orders Pending Appeal

On March 14, 2025, The U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a nationwide preliminary injunction that blocked enforcement of elements of President Trump’s Executive Order 14173...more

Hinckley Allen

What to Know: Injunction of Certain Trump DEI Executive Order Provisions Lifted

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On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that temporarily stopped three key provisions of...more

Seyfarth Shaw LLP

Federal Contractor DEI Certifications Allowed to Resume After Fourth Circuit Temporarily Blocks District Court's Nationwide...

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On March 14, 2025, the Fourth Circuit reversed a lower court's nationwide injunction that blocked key portions of President Trump's January 2025 Executive Orders on DEI programs. While the appeal is pending, federal agencies...more

Bradley Arant Boult Cummings LLP

First Circuit Joins Other Circuits in Adopting Stricter Causation Standard in FCA Cases Based on Anti-Kickback Statute

On February 18, 2025, the First Circuit joined the Sixth and Eighth Circuits in adopting a “but for” causation standard in cases involving per se liability under the federal Anti-Kickback Statute (AKS) and the False Claims...more

Morrison & Foerster LLP

What Now? President Trump's DEI Executive Orders Temporarily Paused

On February 21, 2025, a federal district court in Maryland issued a nationwide injunction, temporarily preventing enforcement of three key provisions of President Trump’s executive orders targeting DEI programs. Specifically,...more

Pillsbury Winthrop Shaw Pittman LLP

District Court Finds Qui Tam Provisions of the False Claims Act Unconstitutional

This landmark decision, if upheld on appeal, has the potential to drastically reduce the number of False Claims Act actions brought against government contractors. A U.S. District Court in Florida held that the qui tam...more

Schwabe, Williamson & Wyatt PC

Florida Court Upsets Qui Tam Balance in Landmark FCA Ruling

The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more

Jenner & Block

Client Alert: Fifth Circuit Holds It Lacks Subject Matter Jurisdiction to Review False Claims Act Retaliation Claim by Former...

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In a case that underscores the judiciary’s deference to the executive branch’s broad power to protect national security and control access to classified information, a three-judge panel of the US Court of Appeals for the...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

Snell & Wilmer

Post-Argument Review: What Government Contractors Can Do To Ready Themselves for Landmark Supreme Court Decision in FCA Cases

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On April 18, 2023, the U.S. Supreme Court heard oral argument on two high-stakes False Claims Act (“FCA”) cases – SuperValu and Safeway. We recently analyzed the facts, procedural history, and implications of the Court’s...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

ArentFox Schiff

Federal Contractors Beware: Firm-Fixed-Price Contract Negotiations & FCA Liability

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Federal Contractors Beware: Sixth Circuit Recognizes False Claims Act Exposure Based on Allegedly Inflated Labor Cost Estimates Leading To Firm-Fixed-Price Contract. On May 16, 2022, the US Court of Appeals for the Sixth...more

Bradley Arant Boult Cummings LLP

Justices Should Weigh In On FCA Objective Falsity Standard

In its conference on Feb. 19, the U.S. Supreme Court is scheduled to consider two pending petitions for certiorari that could resolve a critical but deeply disputed issue that impacts both the False Claims Act and health care...more

Dorsey & Whitney LLP

Underwriter Failed to Meet Employer’s Expectations, and thus His FCA Retaliation Burden, at Least in the Eighth Circuit

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On Monday, the U.S. Court of Appeals for the Eighth Circuit affirmed the Eastern District of Missouri’s dismissal of appellant’s retaliation claim under the False Claims Act, as well as his state law wrongful discharge claim...more

Bass, Berry & Sims PLC

Recent Developments in False Claims Act Pleading Standards

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The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these...more

Kilpatrick

False Claims Act SCOTUS Update: Supreme Court Rules on False Claims Act Qui Tam Statute of Limitations

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In a recent 9-0 decision issued by the United States Supreme Court (SCOTUS), the Court has set to rest the applicable statutes of limitations for claims brought under the False Claims Act, 31 U.S.C. §3731(b) (FCA). Cochise...more

Baker Donelson

Disagreements over a Medical Judgment Cannot Form the Basis for Liability Under the False Claims Act

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A new federal court decision offers a ray of light to those providers defending false claims actions based on an alleged lack of medical necessity. On September 9, 2019, the United States Court of Appeals for the Eleventh...more

Arnall Golden Gregory LLP

Supreme Court Settles Debate Over Limitations Period for FCA Relators

On May 13, 2019, the Supreme Court handed down its decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, wherein it recognized a prolonged statute of limitations for a qui tam relator bringing an action under...more

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