False Claims Act

Heads up, federal contractors: DoD has announced “CMMC 2.0” with significant changes to program structure and requirements, including expanded self-attestation that heightens False Claims Act exposure.

DOD REVAMPS CYBERSECURITY MATURITY MODEL CERTIFICATION (“CMMC”) ROBUST ENFORCEMENT LIKELY USING THE FALSE CLAIMS ACT CMMC Program Overview The CMMC program enhances cyber protection standards for companies in the Defense Industrial Base. It is designed to protect sensitive unclassified information that is shared by the Department of Defense (“DoD”) with its contractors and subcontractors....
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Civil Cyber-Fraud Initiative to Hold Government Contractors Responsible for Cybersecurity

On October 6, 2021, the Department of Justice (DoJ) announced the Civil Cyber-Fraud Initiative (the “Initiative”) to combat cyber threats, specifically to sensitive information and critical systems of the United States Government (USG). In launching the Initiative, Deputy Attorney General Lisa O. Monaco made clear that a primary focus of the Initiative is to...
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The DOD’s New CMMC Requirements and the False Claims Act

Recent well publicized data breaches pertaining to Department of Defense (DoD) unclassified information have caused the DoD to adopt new regulations for contractors who might be handling unclassified information for the DoD. On September 29, 2020, the DoD issued an interim rule aimed at implementing its Cybersecurity Maturity Model Certification (CMMC) program. There is...
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The DOD’s New CMMC Requirements and the False Claims Act

Recent well publicized data breaches pertaining to Department of Defense (DoD) unclassified information have caused the DoD to adopt new regulations for contractors who might be handling unclassified information for the DoD…
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In Re: Chronos Sols.-The GAO Indicates That COVID Related Contract Changes Can be Material Changes

In Chronos Sols., LLC, the GAO determined its first COVID-19 case in September of 2020 where it sustained a protest because the U.S. Department of Housing and Urban Development (“HUD”) did not consider, nor acknowledge, the significant changes occurring around the globe from the impact of COVID-19 that could materially affect the contract. HUD...
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United States ex rel CIMZNHCA LLC v. UCB Inc.- The Government Can Intervene by Way of Filing a Motion to Dismiss

Posted on January 7, 2021
The 7th Circuit set a new standard for the government dismissal of a whistleblower False Claims Act (“FCA”) case. This case involves a “qui tam” suit, which is brought under the FCA. In a qui tam suit, a person can be financially rewarded if he or she assists the government in recovering funds that...
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