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...
Read MoreThe Supreme Court continues to define the False Claims Act
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...
Read MoreTo the Printers! Federal Contractors are required to post new “Know your Rights” Posters
On October 19, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated its “Know Your Rights” poster. On October 28, 2022, the Office of Federal Contractor Compliance (“OFCCP”) notified federal government contractors that they must now use the 2022 “Know Your Rights” poster instead of the 2009 “EEO is the Law” poster and the 2015...
Read MoreISOA LAC Panel Civil Cyber-Fraud Initiative — Luncheon Meeting
Please join Ward & Berry Partner David Panzer at noon on Monday, November 7, 2022 – in person or online – as he moderates a panel discussion on DOJ’s “Civil Cyber-Fraud Initiative,” co-hosted by ISOA Legal Affairs Committee and the ABA Battlespace Committee. Since the initiative was announced on October 6, 2021, DOJ has...
Read MoreFormer Navy General Counsel and Federal Prosecutor Bob Sander Joins Ward & Berry
Tysons, VA: Ward & Berry, PLLC is pleased to welcome The Honorable Robert J. (“Bob”) Sander, the Former General Counsel of the Navy, as its newest Partner. In addition to being General Counsel of the Navy, Bob has served as: Principal Deputy General Counsel of the Army/Senior Official Performing the Duties of (i.e. Acting)...
Read MoreEEO-1 Report Filers: Beware of Possible Public Disclosure of Federal Contractor Data!
On August 19, 2022, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice calling for objections to a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) for all EEO-1 Reports submitted between 2016-2020. The OFCCP believes that the requested information may be protected...
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