Brian Tully McLaughlin joined Crowell & Moring in 2005 and is a Partner in the Government Contracts Group in Washington, D.C. Brian’s practice focuses on trial work, litigating complex claims and disputes as well as matters brought under the False Claims Act. Brian has both co-counseled and “first chaired” trials, argued dispositive motions, examined lay and expert witnesses, taken and defended depositions, and managed complex electronic and paper discovery productions and reviews. Brian’s practice involves both affirmative and defensive claims on behalf of government contractors, including bid protests. Brian also values and has gained extensive experience working on a variety of pro bono cases that entail litigation, and he was the winner of Crowell & Moring’s Pro Bono Award in 2008.
By Brian Tully McLaughlin, Jason M. Crawford and Sarah Hill on Posted in False ClaimsOn January 26, 2017, the Fourth Circuit heard oral argument in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of the Court’s June 2016 holding regarding the implied certification theory in Universal Health Servs. v.… Continue Reading
By Brian Tully McLaughlin, Jason M. Crawford and Sarah Hill on Posted in False ClaimsOn November 1, 2016, the Supreme Court heard oral arguments in State Farm and Casualty Co. v. United States ex rel. Rigsby on the question of what standard should govern the decision whether to dismiss a relator’s claim for violation of the False Claims Act’s (“FCA”) seal requirement, which mandates that any FCA action brought by… Continue Reading
By Mana Elihu Lombardo and Brian Tully McLaughlin on Posted in False ClaimsEffective August 1, the penalty range for violations under the civil False Claims Act nearly doubled, pursuant to a Department of Justice interim final rule published on June 30th. In a “Feature Comment” published in The Government Contractor, C&M attorneys analyze how the dramatic increase in FCA penalties impacts the landscape of litigation. The article… Continue Reading
By Brian Tully McLaughlin, Jason M. Crawford and Sarah Hill on Posted in False ClaimsIn a decision that will impact Government contractors, health care providers and all institutions that accept federal dollars, the U.S. Supreme Court this past week offered a qualified affirmation of the validity of the implied certification theory of False Claims Act liability. In Universal Health Servs. v. U.S. ex rel. Escobar, the Court unanimously held… Continue Reading
By Brian Tully McLaughlin, Jason M. Crawford and Sarah Hill on Posted in Legal DevelopmentsOn April 19, 2016, the Supreme Court heard oral argument in U.S. v. Universal Health Servs., Inc., which concerns (1) whether the implied certification theory of legal falsity under the FCA is ever viable; and (2) if it is, whether a contractor’s reimbursement claim can be legally false under that theory if the contractor fails… Continue Reading
By Steve McBrady, J. Chris Haile, Brian Tully McLaughlin and Skye Mathieson on Posted in ClaimsOn Thursday, November 19, Crowell & Moring attorneys will discuss using contractor claims as a recovery mechanism under U.S. Government contracts on WFED radio. Listen in at 12:30 pm EST as these practitioners discuss how contractors can use claims as part of an overall strategy to ensure that both parties comply with contract terms and… Continue Reading
By Steve McBrady and Brian Tully McLaughlin on Posted in Legal DevelopmentsIn EM Logging v. Department of Agriculture, 2014-1227 (Feb. 20, 2015), the Federal Circuit reversed the Civilian Board of Contract Appeals, holding that substantial evidence did not support the Board’s conclusion that the US Forest Service had properly terminated a timber sale contract for the Kootenai National Forest in Northern Montana for “flagrant disregard” of… Continue Reading