April 6, 2022 - False Claims Act

False Claims in Independent Research and Development (IR&D): Federal District Court Adopts ATK Thiokol as the Knowledge Standard

Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D efforts are “independent” of any particular contract—hence “IR&D” or “IRAD”—the …›

March 4, 2021 - False Claims Act

MoForecast Podcast: Predictions on the False Claims Act (FCA)

In this episode of MoForecast, James Koukios speaks with Government Contracts Co-chair Alex Ward and Investigations + White Collar partner Brian Kidd about what to expect in the False Claims Act (FCA) space under the Biden Administration. Brian Kidd recently joined the firm from …›

U.S. District Court for the District of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims Act

In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to …›

July 6, 2020 - Compliance, False Claims Act

Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers

The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2020.” To read the entire newsletter, please click here. Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers Key Point: The …›

May 7, 2020 - False Claims Act

Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Problems (Morrison & Foerster’s Remote Learning Series Session #2)

Join Alex Ward and Rachael Plymale for the second presentation in Morrison & Foerster’s Government Contracts Remote Learning Series. Register here. In “Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Concerns,” Alex and Rachael will discuss high-risk areas for contractors, explain how …›

Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule

Lawyers often view a writ of mandamus to a Court of Appeals as a last-gasp—indeed, almost hopeless—stratagem. But sometimes they are granted, particularly when the district court order they challenge is even more extraordinary. That is what just happened in In re …›