Partner Alexander Canizares, Counsel Julia Fox and Associate Suzanne Boehm were contributing authors to a chapter on evidence in False Claims Act cases.

Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act claims against the government is a nonjurisdictional rule, subject to forfeiture if not timely raised by the government.

A 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.

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.

This Update discusses key provisions from the 2023 National Defense Authorization Act affecting government contractors.*

The 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.

As 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.

The 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.

Cybersecurity, artificial intelligence, and nontraditional approaches to procurement are once again areas of legislative focus for Congress in the recently passed Fiscal Year 2022 National Defense Authorization Act (NDAA), which authorizes $768.2 billion in defense spending.

Perkins 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.

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.

On 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.

President Joe Biden's May 12, 2021 Executive Order on Improving the Nation's Cybersecurity (EO 14028) calls for urgent actions to strengthen the government's protections against increasingly sophisticated and damaging cyber threats. Among the objectives of EO 14028 is to safeguard the security and integrity of software supply chains.

In 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.

The 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.

On May 26, Deputy Secretary of Defense Kathleen Hicks signed a memorandum calling for the incorporation of responsible AI principles into the U.S. Department of Defense’s AI requirements and acquisition processes. The memo establishes foundational tenets for DoD’s adoption of responsible and ethical AI, and directs the DoD’s Joint Artificial Intelligence Center (JAIC) to make recommendations on incorporating responsible AI principles into DoD’s AI procurements. The memo is expected to have broad impacts on companies seeking to sell AI products to the government, for which there is a growing federal market.

On May 12, 2021, President Biden signed a sweeping Executive Order (EO) to protect federal government networks and software supply chains against increasing threats of attacks from malicious cyber actors, setting the stage for future rulemaking and amendments to the Federal Acquisition Regulation (FAR) focusing on IT and software sold to the government.

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.

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.

President Biden signed an Executive Order (EO) on January 25, 2021, outlining his administration’s policy to increase procurement of U.S.-made products by expansion of domestic preferences for American-made goods and components purchased by the federal government.  

The 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.

Over the course of the last week, the Small Business Administration (SBA) has reportedly begun quietly questioning borrowers who had received Paycheck Protection Program (PPP) loans about the “necessity” of their loans.

The 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.

The U.S. Department of Defense (DoD) has issued a long-awaited interim rule to safeguard unclassified information in the possession of defense contractors by making periodic assessments of a company’s cybersecurity compliance a condition of eligibility for a contract award.

The U.S. Department of Defense (DoD) has issued a long-awaited interim rule to safeguard unclassified information in the possession of defense contractors by making periodic assessments of a company’s cybersecurity compliance a condition of eligibility for a contract award.

In a new directive, the U.S. Department of Defense (DoD) revised acquisition policies across the DoD to emphasize flexibility, competition, affordability, and performance as among the high-level objectives of a broader push for acquisition reform.

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.

The U.S. government has issued a long-awaited rule implementing legislation to prevent federal agencies from contracting with entities that use telecommunications equipment or services produced or provided by Huawei Technologies Company, ZTE Corporation, and certain other Chinese companies, a major step that will impose a significant new compliance burden on government contractors.

A key area of focus in the Department of Defense’s (DoD) gradual rollout of its Cybersecurity Maturity Model Certification (CMMC) is the training and accreditation of third-party assessors that will be responsible for reviewing some 300,000 defense contractors’ cybersecurity practices for compliance with applicable controls.

Defense contractors’ costs resulting from the COVID-19 crisis are projected to be in the “lower end” of the “double-digit of billions of dollars,” according to Undersecretary of Defense for Acquisition and Sustainment Ellen Lord, who testified before U.S. Congress on June 10, 2020.

Borrowers 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).

The Office of Management and Budget (OMB) and several federal agencies have issued guidance implementing a provision in the CARES Act that allows government contractors to be reimbursed for paid leave to employees and subcontractors unable to work during the COVID-19 crisis.

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.

The Department of Defense (DoD) has identified a way to speed the procurement of supplies and services to combat the coronavirus (COVID-19): Designate them as commercial items under the Federal Acquisition Regulation (FAR).

On March 27, 2020, President Trump issued a third Executive Order (EO) invoking his authority under the Defense Production Act of 1950 (DPA) to respond to the coronavirus (COVID-19) crisis.

A key feature of the nearly $2 trillion economic stimulus bill signed into law on March 27, 2020 is the creation of a $350 billion “Paycheck Protection Program” (PPP) to authorize loans to businesses affected by the COVID-19 crisis.

Defense contracting is among the areas addressed in the 883-page Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (H.R. 748), which was passed by the Senate on March 25, 2020.

Any 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. 

Due to rising concerns about the recent outbreak of the novel coronavirus, President Trump signed an executive order on March 18, 2020, invoking his authority under the Defense Production Act.

The U.S. Department of Justice (DOJ) has reached a settlement with hospice company AseraCare, closing a 12-year-old saga that carries substantial implications for False Claims Act (FCA) enforcement in cases involving a clinician’s medical judgement.

This 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.

The U.S. Department of Defense’s (DoD) new cybersecurity verification regime is moving into a new phase, with major implications for contractors.

One of the recurring challenges facing companies that do business with the government is having to turn over cost or pricing data to the government during contract negotiations. 

The 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.

Cybersecurity, supply chain risks, data rights, software acquisitions, and cost or pricing data are among the procurement-related issues targeted in the Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA), which authorizes $738 billion in defense spending next year, a $21 billion increase from FY 2019.

The U.S. Department of Defense (DOD) is forging ahead in its plan to adopt a new framework for cybersecurity, with significant ramifications for all defense contractors, including subcontractors.

After receiving more than one thousand comments from industry and other stakeholders, on October 1, 2019, the General Services Administration (GSA) will issue a solicitation for a single, consolidated Schedule as part of its project to combine its 24 existing Multiple Award Schedules (MAS), also referred to as Federal Supply Schedules (FSS), into one.

Having recently eliminated its backlog for incurred cost audits, the Defense Contract Audit Agency (DCAA) is now focusing on another type of audit: defective pricing. 

The U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business information from disclosure to the public under the Freedom of Information Act (FOIA).

Congress is moving closer toward passage of the Fiscal Year 2020 National Defense Authorization Act (NDAA).

This update was published in LexisNexis "The FY 2020 National Defense Authorization Act: What Government Contractors Should Watch For," on 10.2019.

Whistleblowers bringing qui tam suits under the False Claims Act have up to ten years to file suit against defendants in cases in which the government declines to intervene, the U.S. Supreme Court has held, rejecting a government contractor’s argument in favor of a shorter limitations period.

Cybersecurity has become a key focus of both the executive and legislative branches, resulting in significant implications for government contractors. Regulatory agencies are advancing rulemaking for various economic sectors, while the federal government is including cybersecurity requirements in federal acquisition contracts via the Federal Acquisition Regulation (FAR).

Partners Alexander Canizares and Samuel Jo are speaking on the “Advancing AI/ML in Federal Procurement” panel on March 22, 2022 at 12:00 p.m. – 1:00 p.m. ET.

Emerging Issues and Best Practices for Parallel Proceedings

This presentation will provide an overview of the key emerging legal and policy considerations for government contractors seeking to provide AI/ML technology solutions to federal agencies, including data rights/IP protection, ethics and transparency, and risk mitigation concerning data and AI/ML models.

An overview of the latest developments in fraud investigations and enforcement actions related to COVID-19 relief spending and highlight the steps that government contractors and other recipients of federal funding can take to reduce their potential exposure to liability. 

An 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.