The Looming Government Shutdown – How Will it Affect Government Contractors?
If Congress cannot pass a new funding plan by October 1, 2023 (the start of the federal fiscal year), the Government will “shut down” financially at 12:01 A.M. and that shut-down will last until Congress signs a new funding bill into law. The question is—what do you do as a government contractor when faced...
Read MoreSBA 8(a) Applications Are Currently on Hold Due to Recent Federal Court Decision
Applications for the Small Business Administration (“SBA”)’s 8(a) program are currently on hold as the SBA develops its response to a decision from the U.S. District Court for the Eastern District of Tennessee (the “district court”) finding one element of the program unconstitutional. The district court’s decision is somewhat old news, at least in...
Read MoreMid-year round-up on compliance trends from the Department of Justice
~ DOJ Compliance and Enforcement trends January 2023 through June 2023 ~ “Investing now in a robust compliance program is good for business, and it is good for our collective economic and national security.” – Lisa Monaco, Deputy Attorney General at the American Bar Association National Institute on White Collar Crime, March 2, 2023....
Read MoreThe Supreme Court Rolls Out Another FCA Decision…
On June 16, 2023, the Supreme Court ruled on United States ex rel. Polansky v. Executive Health Resources, Inc. et al., 599 U.S. ____ (2023). The Court questioned whether the Government has the ability to dismiss a False Claims Act (“FCA”) suit over a relator’s objection if the Government initially declined to intervene in...
Read MoreThe Supreme Court Has Spoken – The FCA and Scienter
“For scienter, it is enough if respondents believed that their claims were not accurate.” 1 - Justice Thomas On June 1, 2023, the Supreme Court issued its opinion on the ongoing False Claims Act (“FCA”) scienter issues (the “Opinion”) – i.e., does a company’s objective or subjective knowledge matter regarding whether its submissions to...
Read MoreThe Biden Administration is Ending the Covid-19 Vaccine Mandate for Federal Contractors
On May 1, 2023, the Biden Administration announced that it will be ending the COVID-19 vaccine requirements for “Federal employees, Federal Contractors, and international air travelers.” This will likely bring an end to a months-long period of litigation and confusion for Federal Contractors. In September 2021, President Biden had issued Executive Order 14042 which...
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