Topic Archives: False Claims Act

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 Fluor Intercontinental, Inc., No. 20-1241 (4th Cir. March 25, 2020).  In this case, ...›

FCA
January 13, 2020False Claims Act

MoFo Webinar: Demystifying the DOJ’s New False Claims Act Guidance (Tues., Jan. 14)

Morrison & Foerster Government Contracts associate Rachael Plymale will be participating in a webinar with the Knowledge Group, titled “Demystifying the DOJ’s New False Claims Act Guidance: Navigating Implications to the Year Ahead” tomorrow at 12PM EST. Please register using this link for a complimentary** pass, courtesy of Morrison & Foerster. Earlier in 2019, the ...›

Federal Court Confirms that Cybersecurity Gaps Can Form the Basis of False Claims Act Violations

Since the Department of Defense (DoD) and other federal agencies began implementing formal cybersecurity requirements for government contractors within the last few years, one lingering question on the minds of federal contractors and subcontractors has been:  “What happens if I do not comply?”  Firms, including ours, have counseled that breach of contract claims are possible, ...›

FCA
May 13, 2019False Claims Act

New DOJ Guidance on Cooperation in FCA Investigations Clarifies How Companies Can Receive Leniency in Exchange for Voluntary Disclosures, but Leaves Unanswered Questions

Earlier this week, the Department of Justice released guidance identifying the circumstances in which the Department would award credit to companies that voluntarily disclose or otherwise cooperate during False Claims Act (“FCA”) investigations.  While the new guidance leaves some unanswered questions, it is a step in the right direction because it provides greater transparency by ...›

FCA
March 11, 2019False Claims Act

DOJ Plans to Dismiss Another Whistleblower FCA Case

In the ever-evolving False Claims Act (FCA) arena, the Government told the court that it intends to move to dismiss a whistleblower suit against United Health Group’s Executive Health Resources, Inc. (EHR) for allegedly assisting hospitals in overcharging for outpatient care.  The Granston Memo, issued by Department of Justice (DOJ) in January 2018, directs government ...›

FCA
March 15, 2018False Claims Act

FCA Materiality May Return to High Court

Although the Supreme Court ruled on False Claims Act (FCA) materiality requirements in Universal Health Services v. United States ex rel. Escobar, materiality issues continue to be litigated. In their Law360 analysis, Alex Ward, Daniel Chudd, Sandeep Nandivada, and Victoria Dalcourt Angle discuss recent U.S. Courts of Appeal decisions that have added additional nuances to ...›

FCA
January 29, 2018False Claims Act

DOJ Takes On Meritless Qui Tam Actions

A recently leaked internal memorandum (“Memorandum”) suggests the end is near for the Department of Justice (DOJ) practice of sitting idly by while relators use meritless qui tam actions to shake down companies unwilling to risk their reputations to fight False Claims Act (FCA) allegations.  While the FCA has long explicitly authorized DOJ to seek ...›

FCA
January 16, 2018False Claims Act

MoFo Partner Brad Wine Quoted in Bloomberg Federal Contracts Report on FCA Trends

Brad Wine, co-chair of Morrison & Foerster’s Government Contracts practice, was quoted in the Bloomberg Government Federal Contracts Report article, “Trump’s Justice Department Kept Pace on False Claims in 2017.” The article discusses False Claims Act (FCA) activity overall under the Trump administration. Brad offered his prediction for future actions, saying ‘‘We continue to anticipate ...›