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
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... ›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... ›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... ›Effective Internal Investigations and Disclosures: Identifying and Managing False Claims Act Problems (Morrison & Foerster’s Remote Learning Series Session #2)
By: J. Alex Ward
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... ›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,... ›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... ›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... ›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,... ›New DOJ Guidance on Cooperation in FCA Investigations Clarifies How Companies Can Receive Leniency in Exchange for Voluntary Disclosures, but Leaves Unanswered Questions
By: J. Alex Ward and Victoria Dalcourt Angle
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... ›