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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The Looming Government Shutdown – How Will it Affect Government Contractors?
If Congress cannot pass a new funding plan by October 1, 2023 (the start of the federal fiscal year), the Government will “shut down” financially at 12:01 A.M. and that shut-down will last until Congress signs a new funding bill into law. The question is—what do you do as a government contractor when faced...
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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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The 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...
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