Topic Archives: False Claims Act

FY 2018 Forecasts: Winds Shifting on Data Security, Industry Consolidation, and DOJ Enforcement Efforts

In the second of our series about what to watch for in government contracts in fiscal year 2018, we focus on Cybersecurity, Cloud-Based Services, Employment Regulations, M&A, FCA enforcement, and Block Chain. For a more in-depth discussion of current trends, please join us for our inaugural MoForward event on October 26, 2017 at the Tysons Corner ...›

FCA

FY 2018 Forecasts: Cloudy Skies for False Claims and Storms on the Protest Horizon?

This is the first in a short series of forecasts from our Government Contracts partners on things to watch for in government contracts in Fiscal Year 2018.  For more in-depth discussions of current events and trends, please join us for our inaugural MoForward Event on October 26th at the Tysons Corner Ritz Carlton.  Click here ...›

MOFO Event: MoForward 2018

Please join Morrison & Foerster’s Government Contracts Group for our inaugural MOFOrward event on Thursday, October 26, 2017 at the Tysons Corner Ritz Carlton – a collaboration between our deep government contracts bench and our colleagues who have led the government’s and industry’s most significant enforcement and response teams. This full-day program will offer practical, ...›

FCA
May 25, 2017False Claims Act

Protecting Privilege In FCA Cases From Start To Finish

The False Claims Act has been a hot area of litigation for years, and current statistics signal that this trend will not end any time soon. With lucrative rewards for whistleblowers and the possibility of treble damages and steep penalties, companies cannot risk failing to thoroughly investigate False Claims Act allegations. In doing so, however, ...›

False Claims Act
May 1, 2017False Claims Act

Gov’t Nonintervention In Agape And Future FCA Cases

If, as the saying goes, power corrupts and absolute power corrupts absolutely, what then to make of the government’s absolute veto power over False Claims Act settlements? In United States ex rel. Michaels v. Agape Senior Community Inc., the Fourth Circuit recently confirmed that even when the government declines to intervene in a False Claims ...›

False Claims Act
March 22, 2017False Claims Act

The Latest on Statistical Sampling In FCA Cases

After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’ petition to appeal the district court’s ruling that statistical sampling was not an appropriate means of demonstrating liability, ...›

False Claims Act
February 23, 2017False Claims Act

DC Circuit Enforces Escobar’s Materiality Requirement

This week, the D.C. Circuit added to the post-Escobar, materiality jurisprudence with its opinion in United States ex rel. McBride v. Halliburton Co., No. 15-7144 (Feb. 17, 2017).  In its decision, the court affirmed the trial court’s granting of summary judgment in favor of KBR because the misrepresentation alleged by relator Julie McBride did not ...›

FCA
February 23, 2017False Claims Act

What’s Ahead for the False Claims Act in 2017?

2016 was a record-setting year for False Claims Act recoveries.  Based on this trend and recent developments such as the Escobar decision, we can expect that the new administration will be spending a lot of money on federal programs and with this increased spending there will be parallel enforcement actions around fraud, waste and abuse. ...›

FCA
February 2, 2017False Claims Act

10 Key FCA Developments Of 2016

2016 was another active year in the land of False Claims Act enforcement. The U.S. Department of Justice continued to set recovery records and turned its eye more keenly on enforcement of individuals. We heard from the Supreme Court not once, but twice, on FCA issues. Per-claim penalties increased as of Aug. 1, opening the ...›

FCA
January 26, 2017Compliance, False Claims Act

FINAL FAR RULE: Prohibition on Reimbursement for Congressional Investigations and Inquiries

On January 13, 2017, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a final rule, effective that day, that disallows costs incurred by a contractor in connection with a Congressional investigation or inquiry into an issue that is the subject matter of a proceeding resulting in ...›