This is the third blog in a series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for
Continue Reading FCA 101: Knowledge
FCA 101: Falsity
To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements:
- Falsity;
- Knowledge; and
- Materiality.
In this blog post, we will explore
Continue Reading FCA 101: Falsity
FCA 101: Federal Dollars Mean False Claims Act Vulnerability
This is a blog series on the False Claims Act (FCA), 31 USC §§ 3729, et seq., which targets any person that knowingly submits false claims for payment or false
Continue Reading FCA 101: Federal Dollars Mean False Claims Act VulnerabilityFCA Enforcement Remains Fixed on Healthcare and Cybersecurity
On February 22, 2024, the U.S. Department of Justice (“DOJ”) released its Fiscal Year 2023 False Claims Act (“FCA”) statistics showing recoveries of almost $2.7 billion. Last year’s recoveries exceeded
Continue Reading FCA Enforcement Remains Fixed on Healthcare and CybersecurityMarket Shortages are No Excuse for Non-Performance
A recent decision in SBA Contracting, LLC, ASBCA No. 63320 (Oct. 3, 2023) provides an important reminder for government contractors to carefully consider the volatility of market conditions before
Continue Reading Market Shortages are No Excuse for Non-PerformanceASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related Costs
The Armed Services Board of Contract Appeals (ASBCA or Board) issued an opinion in Appeal of StructSure Projects, Inc., granting StructSure additional COVID-19 related costs arising under a fixed-price
Continue Reading ASBCA Decision Offers a Potential Avenue for Federal Contractors to Recover COVID-19 Related CostsFederal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel Arbitration
The Supreme Court recently decided in Coinbase, Inc. v. Bielski, that federal district courts must stay trial proceedings pending the resolution of an interlocutory appeal of the denial[1]
Continue Reading Federal Arbitration Act: Supreme Court Strengthens Enforcement Protections of a Party Seeking to Compel ArbitrationTrade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) Rules
Early this month, several electrical trade associations urged the Biden administration to implement pragmatic BABA rules. In the letter sent to the Senior Advisor and Infrastructure Coordinator at the White
Continue Reading Trade Associations Urge the White House for a Pragmatic Regulatory Landscape Concerning the Build America, Buy America (BABA) RulesSupreme Court Rejects “Objectively Reasonable” Defense to False Claims Act
The Supreme Court’s recent decision in United States ex rel. Schutte v. SuperValu, Inc. clarified that the claimant’s knowledge and subjective beliefs, and not what an objectively reasonable person may
Continue Reading Supreme Court Rejects “Objectively Reasonable” Defense to False Claims Act