Blog

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...

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...

“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...

Recent Trends in Non-Compete Agreements Are non-compete agreements (colloquially referred to as “non-competes”) on their way out? Over the past year, more states are either prohibiting the enforce ability of non-competes or greatly restricting their use, hinting at a growing trend away from non-competes. The Federal Trade Commission (“FTC”), which is always on the...

The Supreme Court continues to define the False Claims Act (“FCA”). In September 2022, Ward & Berry explained the possibility of the Supreme Court taking on a second FCA case¹ this term, and why we should care about it. Short answer: The “knowledge” aspect of the FCA is under heavy debate and any resolution...

“If it ain’t broke, don’t fix it.” – Justice Kagan The Supreme Court decided to dismiss In re Grand Jury as “improvidently granted” in its January 23, 2023 Order after hearing oral argument on the case earlier this month. In other words, after agreeing to hear the case, and instead of establishing clear law...