The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment. Under the FCA, contractors that falsely certify their compliance with contract specifications can be assessed a civil penalty for each false claim in addition to treble damages. In USA v. HoneywellRead More
On Tuesday, DOJ released its eagerly awaited False Claims Act (FCA) recoveries for the fiscal year ending September 30, 2021, announcing that DOJ had obtained $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government. This was the second largest annual total in FCA history (only surpassed byRead More
In the wake of increasing cybersecurity threats and incidents, the U.S. Department of Defense (DoD) amended its Federal Acquisition Regulation Supplement (DFARS) in 2015 to issue the 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting clause (DFARS clause). The DFARS clause, which is included in all DoD solicitations and contracts, including those for acquisitionsRead More
The U.S. Small Business Administration (SBA) preference programs can be vital for small businesses trying to compete in the potentially lucrative world of U.S. government contracting, but participation in these programs is not without risk. Indeed, the programs can be fraught with peril and contain many landmines for those who do not understand and diligentlyRead More
The Remedy of Divestiture: Steves and Sons, Inc. v. JELD-WEN, Inc. For what is believed to be the first time ever, a private plaintiff successfully challenged an already consummated merger under antitrust law and won divestiture as part of its remedy. Does this pose a potential increased risk of antitrust enforcement remedies of divestiture onlyRead More