False Claims Act

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...
Read More

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...
Read More

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…
Read More

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...
Read More

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...
Read More

United States ex rel. Adams v. Dell Computer Corp.- Contractual Conditions Must be Material to the Government’s Decision to Pay

The plaintiff in this case alleges that Dell violated the False Claims Act (“FCA”) by knowingly selling a large number of computers to the United States government, which contain undisclosed security vulnerabilities. Dell moved to dismiss the case for failure to state a claim, which the court granted and dismissed the complaint. Although there...
Read More