Federal Circuit Panel Issues Landmark Decision Addressing Tucker Act Standing and COFC Jurisdiction in Task Order Protests
The Federal Circuit’s recent decision in Percipient.AI, Inc. v. United States represents a major development in its case law regarding bid protest standing and task order protest jurisdiction. In the decision—which has rightly received significant attention this month—a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held that Percipient, which...
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FAR Council issues proposed rule on semiconductor supply chain management
A lot of attention has been paid in recent years to semiconductors, tiny electronic parts that power everything from consumer electronics and automobiles to critical infrastructure and advanced military systems. Most prominently, the CHIPS and Science Act, which President Biden signed into law in August 2022, appropriated nearly $52 billion to boost semiconductor research...
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Are they independent contractors or employees? What’s the economic reality?
On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule on worker classification under the Fair Labor Standards Act (“FLSA”). Under the final rule, the DOL is modifying their Wage and Hour Division regulations to reflect its latest analysis/guidance for determining whether a worker should be classified as an employee...
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SBA 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...
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The 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...
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The 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...
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