One of the tools available to the federal government in dealing with the COVID-19 pandemic is the Defense Production Act, which allows the government to direct private companies to meet government delivery requirements before their commercial customers. Attorneys at Morgan Lewis warn that “any time the government infuses money into commerce, the potential for liability arises.”
“When providing goods and services to the federal government, companies should be particularly alert to flags for risk that may arise when responding to federal demands,” they warn.