The False Claims Act can pose significant financial and reputational risks to companies and individuals in a wide range of industries.
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Publications
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06.02.2023US Supreme Court Clarifies Knowledge Requirement in False Claims Act Cases—Raising New Interpretive IssuesUpdatesA defendant’s knowledge of and subjective beliefs about the meaning of legal requirements—not what an objectively reasonable person may have believed—are what matters when determining whether a defendant “knowingly” submitted false claims for payment in violation of the False Claims Act, the U.S. Supreme Court ruled on June 1, 2023.
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02.10.2023The Number of False Claims Act Cases Reaches Record High, But DOJ’s Recoveries Drop to $2.2 Billion in Fiscal Year 2022Updates
The U.S. Department of Justice obtained more than $2.2 billion in civil False Claims Act judgments and settlements in fiscal year 2022, the lowest such annual total since 2008 and a significant drop from a jump in FCA recoveries in the prior year. But the DOJ’s announcement of its FY 2022 FYA recoveries also discloses that the DOJ is increasingly bringing FCA cases on its own, and the total number of settlements and judgments in FCA matters increased to near-record highs in FY 2022, signaling a robust enforcement climate ahead.
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01.13.2023What To Expect From Justices' FCA Scienter Standard ReviewArticles
Law360
In an action of signal importance to any company that does business with the federal government or that receives government funds under a complex regulatory framework, the U.S. Supreme Court has agreed to review a key issue concerning the False Claims Act — the federal statute that imposes severe penalties for knowingly submitting false claims for payment to the government. -
08.08.2022Recent Settlement Highlights Cybersecurity Whistleblower Risk for Government ContractorsUpdatesThe U.S. Department of Justice’s Civil Cyber-Fraud Initiative, announced last October, is designed to leverage existing whistleblower incentives for employees, or other persons with inside knowledge, to identify lapses in federal contractors’ cybersecurity and privacy practices.
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04.2022DOJ’s Civil Cyber-Fraud Initiative: The Emerging False Claims Act Landscape For Government Contracting And CybersecurityLawyer PublicationsAs federal agencies prepare to roll out new regulations to protect government information in the possession of government contractors against cyber threats—and to accelerate the procurement of cybersecurity products and services from industry—the emerging risks of False Claims Act (FCA) investigations and qui tam cases related to cybersecurity are an increasingly important consideration for contractors.
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02.02.2022DOJ’s False Claims Act Recoveries Jump to $5.6 Billion in FY 2021UpdatesThe U.S. Department of Justice recovered more than $5.6 billion in civil False Claims Act judgments and settlements in fiscal year 2021, the second largest ever annual total in FCA recoveries and the largest since 2014, DOJ announced on February 1, 2022.
This update was also published on February 17, 2022, here on NASBP. -
11.02.2021DOJ’s Civil Cyber-Fraud Initiative Highlights False Claims Act Cybersecurity Risks for Government ContractorsArticlesPerkins Coie LLP attorneys Alexander Canizares, Richard Oehler and Julia Fox discuss the U.S. Justice Department's new Civil Cyber-Fraud Initiative and detail how government contractors can ensure their continued compliance with cybersecurity requirements.
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11.02.2021False Claims Act Enforcement Risks and Healthcare Compliance: A Conversation With Pete Jensen, Global Chief Compliance Officer for ArthrexPodcasts
White Collar Briefly - Episode 31
In this second episode of a Perkins Coie White Collar & Investigations series regarding False Claims Act (FCA) enforcement, firm attorneys Barak Cohen and Alex Canizares are joined by their guest, Pete Jensen, global chief compliance officer for Arthrex, Inc., one of the world’s largest medical device companies. -
10.11.2021DOJ’s Civil Cyber-Fraud Initiative Highlights False Claims Act Cybersecurity Risks for Government ContractorsUpdatesOn October 6, 2021, the U.S. Department of Justice (DOJ) announced an initiative to pursue civil False Claims Act (FCA) enforcement actions against government contractors that knowingly fail to follow required cybersecurity standards and reporting requirements.
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08.30.2021False Claims Act Investigations and Litigation: A General Counsel’s PerspectivesPodcastsIn this first episode of a series that will explore emerging developments related to the False Claims Act (FCA), Perkins Coie attorneys Barak Cohen and Alexander Canizares are joined by guest Marc Bonora, to discuss practical issues and effective strategies for companies to mitigate risks related to FCA investigations and qui tam whistleblower lawsuits.
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06.14.2021FBI, DOJ Focus on Anti-Competitive Conduct in ProcurementUpdatesThe U.S. Department of Justice (DOJ) announced on June 7, 2021, that a North Carolina engineering firm agreed to pay a $7 million fine and $1.5 million in restitution after pleading guilty to engaging in bid rigging and fraud in order to obtain contracts for infrastructure projects.
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02.16.2021What DOJ's 1st PPP Fraud Settlement Can Teach BorrowersArticles
Law360
As the government revives its Paycheck Protection Program with hundreds of billions of dollars in additional loans available to small businesses, there are fresh signs that government fraud investigations and whistleblower litigation related to the loan program are ramping up. -
02.08.2021DOJ’s First False Claims Act Settlement Against PPP Borrower Signals Robust Fraud Enforcement AheadUpdates
As the government revives its Paycheck Protection Program (PPP) with hundreds of billions of dollars in additional loans available to small businesses, there are fresh signs that government fraud investigations and whistleblower litigation related to the loan program are ramping up.
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01.19.2021DOJ’s False Claims Act Recoveries Drop to $2.2 Billion in FY 2020—But the Decrease May Be Short-LivedUpdatesThe U.S. Department of Justice (DOJ) recovered more than $2.2 billion in settlements and judgments from civil cases under the False Claims Act (FCA) in the fiscal year ending September 30, 2020.
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10.2020DoD's Cybersecurity Assessment Regime and Disputes: Key Considerations for Defense ContractorsArticlesThe Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) program and newly issued cybersecurity rule present contractors with a range of compliance issues as they prepare for expanded third-party and DoD assessments of their information systems that will be a condition of eligibility for nearly all defense contracts.
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08.28.2020COVID-19 Relief Fraud Investigations and Litigation: Areas of Focus and Risk Mitigation StrategiesPodcasts
White Collar Briefly - Episode 12
In this episode of White Collar Briefly, Perkins Coie’s Barak Cohen, David Fletcher, and Alexander Canizares discuss the landscape for increased fraud investigations and enforcement actions related to COVID-19 stimulus spending, including False Claims Act investigations and qui tam whistleblower litigation, as well as steps companies can take to reduce their potential exposure. -
05.15.2020SBA’s Expanded “Safe Harbor” May Reduce, But Does Not Eliminate, Enforcement Risks for Businesses Seeking PPP LoansUpdatesBorrowers who, together with their affiliates, received Paycheck Protection Program (PPP) loans in an aggregate amount less than $2 million will be deemed to have made their certification that the loan was “necessary” in good faith, according to new guidance issued by the U.S. Small Business Administration (SBA).
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04.08.2020CARES Act Creates New Resources for Fraud Enforcement—and Risks for BusinessesUpdates
Businesses that receive government funding under the nearly $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act) should be mindful of the heightened risks of government investigations of fraud, waste, and abuse, for several reasons.
This update was also posted on the Coronavirus (COVID-19): Guidance for Businesses blog. -
03.24.2020Coronavirus Puts DOJ on Heightened Alert for Potential FraudArticlesAny crisis—especially one as drastic and unprecedented as COVID-19—heightens the risks of fraud, waste, and abuse. Perkins Coie attorneys examine recent Justice Department actions and say even companies that don’t receive funds specifically tied to the federal government’s response to the outbreak should bear in mind the risks of potential exposure to fraud allegations.
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02.20.2020False Claims Act Enforcement in 2020: Four Areas to WatchArticlesThis article focuses on four important areas related to False Claims Act (FCA) investigations and litigation that companies and their counsel should be aware of: the DOJ’s recent cooperation credit guidelines; cybersecurity and FCA liability; differing interpretations of the U.S. Supreme Court’s Escobar decision and the DOJ’s increased exercise of its authority to seek dismissal of FCA lawsuits.
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01.13.2020DOJ Recovers More Than $3 Billion in False Claims Act Cases in FY 2019UpdatesThe Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving the False Claims Act (FCA) in the fiscal year ending September 30, 2019, according to statistics released by DOJ on January 9, 2020.
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12.17.2018Belated Government Dismissal of False Claims Act Cases: DOJ Maneuvering in Post-Escobar and Granston Memo EraUpdates
On November 30, 2018, the solicitor general filed an amicus brief in the U.S. Supreme Court supporting the relators’ opposition to certiorari in Gilead Sciences, Inc. v. United States ex rel. Campie, et al., No. 17-936. Yet the government’s brief disclosed for the first time that it would dismiss the relators’ qui tam complaint on remand, allegedly because discovery would interfere with federal agency responsibilities.
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06.17.2016SCOTUS Decision on Implied Certification Theory of Liability Under FCA Leaves Many Questions UnansweredUpdatesThe U.S. Supreme Court handed down an important decision on June 16, 2016 that expands the scope of liability under the False Claims Act, 31 U.S.C. §§ 3729-3733.
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04.21.2016Supreme Court Poised to Resolve Circuit Split on False Claims Act Liability Under Theory of Implied CertificationUpdatesThe U.S. Supreme Court is poised to resolve a circuit split over the False Claims Act (FCA) that could have broad implications for those that do business with the federal government.
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05.28.2015Supreme Court’s Mixed Decision on False Claims Act DefensesUpdatesThe United States Supreme Court handed False Claims Act (FCA) defendants a mixed decision on May 26, 2015. In a win for defendants, the Supreme Court held that the statute of limitations for False Claims Act lawsuits was not suspended for the duration of the Iraq and Afghanistan conflicts.
Presentations
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04.03.2024Contractors Feel the Pinch of False Claims Act CasesSpeaking EngagementsFederal News Network / Virtual
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12.06.2022False Claims Act Enforcement: Emerging Legal and Compliance IssuesSpeaking Engagements
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09.30.2022False Claims Act Update for Government ContractorsSpeaking Engagements
Speaker
WashingtonExec / Webinar -
09.29.2022Equal Opportunity Compliance Issues and False Claims Act RisksSpeaking EngagementsPublic Contracting Institute / Webinar
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04.20.2022Preserving Your Client’s Privileges and Confidences During Internal Investigations 2022Speaking Engagements
Co-Presenter
District of Columbia Bar Association / Webinar
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11.18.2021Government Contracts Disputes and the False Claims ActSpeaking EngagementsModerator
Qui Tam Section of the Federal Bar Association / WebinarEmerging Issues and Best Practices for Parallel Proceedings -
05.11.2021Preserving Your Client’s Privileges and Confidences During Internal Investigations 2021Speaking EngagementsDistrict of Columbia Bar Association / Webinar
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04.27.2021Fraud and False Claims Act Investigations and Litigation: Key Emerging Issues and Risk Management Strategies for Government ContractorsSpeaking EngagementsAssociation of Corporate Counsel National Capital Region / Webinar
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07.23.2020COVID-19 Relief Fraud Investigations and Litigation: Areas of Focus and Risk Mitigation StrategiesWebinarsAn overview of the government’s tools and authorities to combat fraud in COVID-19 relief spending and the anticipated areas of focus for the U.S. Department of Justice as well as other new and existing investigative entities.
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02.13.2020False Claims Act Risk Areas in GSA Schedule ContractingSpeaking EngagementsWebinar
Public Contracting Institute -
12.2019Recent Developments in Commercial Item Contracting - False Claims Act Enforcement Risks Under GSA Schedule ContractsSpeaking EngagementsPanelist
Federal Circuit Bar Association -
10.2019Fraud Allegations in Government Contracts Litigation: Practice Tips and Emerging IssuesSpeaking EngagementsModerator
American Bar Association, Section of Public Contract Law, Contract Claims and Disputes Resolution Committee & Procurement Fraud & False Claims Committee -
09.2019Fraud Remedies and Risks in Government Contracts LitigationSpeaking EngagementsWebinar
Public Contracting Institute
