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Home Pubk Podcast Ep. 2.07: Is the False Claims Act Unconstitutional?

Ep. 2.07: Is the False Claims Act Unconstitutional?

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Ep. 2.07: Is the False Claims Act Unconstitutional?

While the government contracting community had its eyes on the Supreme Court’s consideration of the False Claims Act’s scienter element, the Justices issued another decision that could have an even more significant impact on the fraud law. In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about the court’s decision in Polansky, as well as some provocative comments in a dissent by Justice Clarence Thomas.

Also in this episode, Bill breaks down recent developments involving the Schutte and Proctor False Claims Act decisions, the Department of Defense’s Other Transactions guidance, the White House’s plan to implement the National Cybersecurity Strategy, and an important D.C. District Court decision that could alter the way the Small Business Administration calculates total revenues for the purposes of small business set-aside programs.

0:00 – Introduction
0:45 – Headlines
7:00 – Conversation with Tirzah Lollar and Christian Sheehan
19:20 – Conclusion 

Show Notes

Unsure About the Standard of Review in Appeal of a Default Termination? This Split Decision from the Federal Circuit May Leave You Wanting.

Department of Defense Other Transactions Guide

White House Releases New National Cybersecurity Strategy Implementation Plan

Schedule Contractors Still Selling Barred Telecom IT, OIG Finds

Eighth Circuit Sides with States on EPA Water System Cyber Rule

GOP China Hawks Object to Commerce Plan for TikTok

Federal Court Potentially Upends Small Business Administration’s Method for Calculating Contractors’ Annual Receipts in Size-Protest-Turned-False-Claims-Act Case

SCOTUS SuperValu Ruling Erases Other Defense Wins

Whistleblower Says SuperValu Ruling Bars Defense in Duties Case

FCA Defense Sees Silver Lining in Supreme Court’s SuperValu Ruling