Government Contracts Legal Forum

Brian Tully McLaughlin

Brian Tully McLaughlin

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.

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The Gang That Couldn’t Shoot Straight: Post-Escobar Application of the Materiality Standard in the Fourth Circuit

Posted in False Claims
On 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

Should Loose Lips Sink Qui Tam Suits? Supreme Court to Decide Whether FCA Seal Violations Should Result in Dismissal

Posted in False Claims
On 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

How the Substantial Increase in False Claims Act Penalties Affects the Litigation Landscape

Posted in False Claims
Effective 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

Supreme Court Recognizes Implied Certification Theory of FCA Liability

Posted in False Claims
In 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

FCA Back Before the Supreme Court for Third Consecutive Term

Posted in False Claims, Legal Developments
For the third consecutive term, the Supreme Court will hear a case involving the False Claims Act (FCA).  On May 31, the Court granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in FCA cases when whistleblowers (referred to as relators under the… Continue Reading

Supreme Court Considers the Scope of the Implied Certification Theory of Liability

Posted in Legal Developments
On 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

Claims Recovery Under Government Contracts

Posted in Claims
On 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

Contractor Logs Victory in Termination Case at Federal Circuit

Posted in Legal Developments
In 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