Thursday, October 22, 2020

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Ninth Circuit Rejects FCA Suit Alleging Medical Device Inaccuracies

In United States ex rel. Ruhe v. Masimo Corp., the Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment for defendant Masimo Corporation, a medical device manufacturer. The relators in this False Claims Act case had alleged that Masimo made fraudulent statements about the accuracy of the company’s pulse oximeter devices, […]
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Fifth Circuit Affirms Disqualification of Attorney Relator for Ethical Violations

The Fifth Circuit has affirmed the disqualification of an attorney relator and dismissed his qui tam action against contractor Northrop Grumman, finding that the district court did not abuse its discretion in disqualifying the attorney as a relator after he violated several ethical obligations in the course of filing the False Claims Act action. During an arbitration […]
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Construction Companies, Senior Corporate Officers to Pay $1M to Settle False Claims Act Allegations

Rosciti Construction Corporation and Wallace Construction Corporation, together with four of the companies’ current and former owners and officers, will pay $1 million dollars to resolve civil allegations that they violated the False Claims Act by submitting claims for reimbursement for funding earmarked for minority, women-owned, or small business that they were not entitled to […]
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General Electric to Pay $2.5 Million to Resolve Claims Concerning Military Aircraft Engine Components

General Electric Corporation has entered into an agreement to resolve violations concerning Department of Defense (DOD) contractual requirements. GE will pay $2,550,180 to resolve claims that GE subsidiary Avio Aero failed to consistently perform interim pressure tests on gearboxes used in T700 and F110 engines in Department of Defense helicopters and fighter jets, respectively.  The […]
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DCMA Guidance Fails to Address Uncertainty in IR&D Cost Allowability

Recent Defense Contract Management Agency guidance directs contracting officers to refer contractors’ requests for information concerning their points of contact for technical interchange purposes to the Office of the Assistant Secretary of Defense (Research and Engineering) or their “buying commands.” While appearing relatively unobjectionable, the guidance fails to address that contractors have been reaching out […]
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Justices Should Stand Up for FCA Rules

In a recent article published in the San Francisco Daily Journal, Demme Doufekias, co-chair of Morrison & Foerster’s Securities Litigation, Enforcement, and White-Collar Criminal Defense Practice Group and a member of its False Claims Act Investigations and Defense Practice Group, says the courts should respect the FCA’s seal requirements and appropriately sanction violations even when […]
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Owner of Sham ‘Veteran-Owned’ Company Ordered to Forfeit $6.7 Million

The former owner of Legion Construction Inc. has been ordered to forfeit more than $6.7 million in connection with his June 2016 conviction for recruiting veterans as figurehead owners of a construction company in order to receive contracts intended for veteran-owned small businesses. In September, David Gorski was sentenced to 30 months in prison and ordered […]
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Does Sarbanes-Oxley Apply to Government Contractors?

Closely-held companies, particularly government contractors making Arbanes-Oxley Act representations, should establish best practices to ensure compliance, including adopting a code of conduct and ethics; appointing independent directors or managers to the board; establishing internal financial controls; and adopting policies regarding interested transactions and conflicts of interest. Failing to comply with the act opens a company […]
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Seventh Circuit Rejects False Claims Act and Retaliation Claims Premised on Purported Breach of...

In a recent case, the Seventh Circuit confirmed there is no violation of the False Claims Act where the defendant allegedly violated a self-imposed requirement that was not mandated by its contract with the government, and affirmed the proper test for determining whether a purported whistleblower has undertaken a protected activity for purposes of a […]
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Seventh Circuit Revisits Sanford-Brown, Rejects Implied Certification Claim

In a recent decision, the Seventh Circuit revisited and reaffirmed its rejection of an implied certification claim under the False Claims Act. In United States ex rel. Nelson v. Sanford-Brown, Ltd., the relator alleged Sanford-Brown College, which receives federal funding, maintained recruiting and retention practices that violated Title IV, and thus the FCA. According to […]
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