Government Contracts Insights

April 06, 2022 - False Claims Act
False Claims in Independent Research and Development (IR&D): Federal District Court Adopts ATK Thiokol as the Knowledge Standard
By: Locke Bell
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 associated
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February 10, 2022 - False Claims Act
DOJ Releases False Claims Act Statistics for Fiscal Year 2021
By: Brian K. Kidd, Adam L. Braverman and Demme Doufekias
On February 1, 2022, the U.S. Department of Justice (DOJ) announced that it collected more than $5.6 billion in False Claims Act (FCA) settlements and judgments in fiscal year 2021. This is the largest annual total since 2014, and the second largest in FCA
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February 08, 2022 - False Claims Act
Cyber Compliance On Trial: Court Denies Summary Judgment in Aerojet FCA Case
By: J. Alex Ward and Tina D. Reynolds
Aerojet Rocketdyne received another blow last week in its long running battle to end a 2015 False Claims Act suit alleging it lied about its compliance with cybersecurity requirements in order to win several federal contracts. In United States ex rel. Brian Markus v.
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March 04, 2021 - False Claims Act
MoForecast Podcast: Predictions on the False Claims Act (FCA)
By: J. Alex Ward, Brian K. Kidd and James M. Koukios
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
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October 13, 2020 - False Claims Act, Cybersecurity & Data Privacy
U.S. District Court for the District of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims Act
By: Tina D. Reynolds and Victoria Dalcourt Angle
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
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July 06, 2020 - Compliance, False Claims Act
Division Continues Increased Focus on Procurement Collusion, Presents Strike Force to International Enforcers
By: Lisa M. Phelan, Bonnie Lau, Eliot A. Adelson and Megan E. Gerking
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
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June 09, 2020 - False Claims Act
Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks
By: Victoria Dalcourt Angle
Enforcement activity by the U.S. Government historically spikes in the wake of heightened government spending, whether a result of wars, recessions, or natural disasters. Following the unprecedented infusion of public money to combat COVID-19 and stabilize the economy, contractors may anticipate a similar sharp
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March 30, 2020 - Protests & Litigation, 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
By: J. Alex Ward and Victoria Dalcourt Angle
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,
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February 24, 2020 - False Claims Act
The Procurement Lawyer: Imputation of False Claims Act Liability to Prime Contractors
By: Sandeep N. Nandivada
Morrison & Foerster Government Contracts associate Sandeep Nandivada, with assistance from law clerk David Allman*, discuss FCA liability for prime contractors in this issue of the American Bar Association’s The Procurement Lawyer publication. See below for an excerpt: The specter of the civil False
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May 15, 2019 - Defense, False Claims Act, Cybersecurity & Data Privacy
Federal Court Confirms that Cybersecurity Gaps Can Form the Basis of False Claims Act Violations
By: J. Alex Ward and Tina D. Reynolds
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,
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Topic Archives: False Claims Act

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

By: Locke Bell

DOJ Releases False Claims Act Statistics for Fiscal Year 2021

By: Brian K. Kidd, Adam L. Braverman and Demme Doufekias

Cyber Compliance On Trial: Court Denies Summary Judgment in Aerojet FCA Case

By: J. Alex Ward and Tina D. Reynolds

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

By: J. Alex Ward, Brian K. Kidd and James M. Koukios

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

By: Tina D. Reynolds and Victoria Dalcourt Angle

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

By: Lisa M. Phelan, Bonnie Lau, Eliot A. Adelson and Megan E. Gerking

Materiality & the Public Disclosure Bar: Fending Off Qui Tam Attacks

By: Victoria Dalcourt Angle

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

By: J. Alex Ward and Victoria Dalcourt Angle

The Procurement Lawyer: Imputation of False Claims Act Liability to Prime Contractors

By: Sandeep N. Nandivada

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

By: J. Alex Ward and Tina D. Reynolds