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...
Read MoreThe 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 Biden Administration is Ending the Covid-19 Vaccine Mandate for Federal Contractors
On May 1, 2023, the Biden Administration announced that it will be ending the COVID-19 vaccine requirements for “Federal employees, Federal Contractors, and international air travelers.” This will likely bring an end to a months-long period of litigation and confusion for Federal Contractors. In September 2021, President Biden had issued Executive Order 14042 which...
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 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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