2021 was another busy year in False Claims Act enforcement and litigation. Significant decisions were issued across the circuits, spanning government dismissal authority, materiality, scienter, Rule 9(b) pleading standards, the Eighth Amendment’s Excessive Fines Clause, and more. The year also saw proposed amendments introduced by Senator Chuck Grassley aimed at strengthening the statute and overruling
The Top FCA Developments of 2020
Like many other aspects of the legal landscape, 2020 was defined by COVID-19 and emerging areas of exposure and enforcement to come related to pandemic relief funding. But 2020 also saw many other important FCA developments, from case law developments on materiality, causation, pleading requirements, bars to qui tam actions, and the government’s authority to
The DoD’s Own Cyber Monday: Defense Department Releases CMMC Assessment Guides
Fresh off the heels of the DFARS Interim Rule, the Department of Defense (DoD) released Assessment Guides for Levels 1 – 3 of the Cybersecurity Maturity Model Certification (CMMC). These Guides will be used by Certified Assessors to determine whether contractors have satisfied the practices and processes required to attain CMMC certifications at
Section 889, Federal Network Security, and COVID Fraud News
This week’s episode covers Section 889, federal network security, and COVID fraud news and is hosted by partner Peter Eyre and counsel Nkechi Kanu. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should
Coronavirus Update: GSA Issues Class Deviation Regarding Implementation of Section 3610 of the CARES Act
On April 21, 2020, the General Services Administration (GSA) Office of Governmentwide Policy, issued Class Deviation CD-2020-12, effective immediately, which sets forth implementation guidance for Section 3610 of the CARES Act and creates a new General Services Administration Acquisition Regulation (GSAR) contract clause.
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Coronavirus Update: DoD Issues Class Deviation Regarding Implementation of Section 3610 of the CARES Act
On April 8, 2020, the Office of the Under Secretary of Defense, Acting Principal Director, Defense Pricing and Contracting (DPC) issued Class Deviation 2020-O0013, effective immediately, establishing a new DFARS cost principle entitled DFARS 231.205-79, “CARES Act Section 3610 – Implementation,” which sets forth rules regarding applicability, allowability, and avoiding duplicate payments under Section
Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) Section 3610 — Billing and Contractual Relief for Government Contractors When Employees Cannot Work due to the COVID-19 Pandemic
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), passed by Congress today, offers relief specifically targeted to federal contractors whose employees (1) cannot perform work on a “site that has been approved by the Federal Government ” during the COVID-19 public health emergency due to facility closures or other restrictions and (2) cannot
The Top FCA Developments of 2019
The third year of False Claims Act (FCA) enforcement under the Trump administration was defined by a number of notable settlements, the implementation of several policy changes announced last year concerning how the Department of Justice (DOJ) will pursue (and in some instances, dismiss) cases under the FCA, and a Supreme Court decision addressing the
FY 2019 NDAA
On Monday, August 13, 2018, President Trump signed into law the H.R. 5515, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), the earliest an NDAA has been signed in over a decade. The FY 2019 NDAA includes several provisions relevant to contractors, including replacing the definition of “commercial item” with “commercial product” and “commercial services,” discouraging the use of lowest price technically acceptable contracting, and a clause designed to accelerate payments to small businesses.
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Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA’s Tolling Provision
Recently, in United States ex rel. Hunt v. Cochise Consultancy Inc., the Eleventh Circuit widened a split in authority regarding the applicability of the tolling provision of the False Claims Act’s statute of limitations, holding that it is applicable to qui tam actions even when the government declines to intervene. The court also found that the period is triggered by a government official’s knowledge of the fraud. 887 F.3d 1081 (11th Cir. 2018). In so holding, the Eleventh Circuit disagreed with the Fourth, Ninth, and Tenth Circuits’ interpretation of the statutory language and arguably extended the filing period for relators within its jurisdiction.
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