Thursday, October 22, 2020

Subscribers Only

Free

Materiality of Cyber Defect Questionable When Agencies Could Have Worked with Vendor to Address...

The district court granted Dell Computer’s motion to dismiss a qui tam complaint alleging it falsely certified the security of various computer systems sold...

Just in Time for Flu Season: Qui Tam Case Alleging Roche Mispresented Efficacy of...

The district court denied Roche’s motion to dismiss a qui tam complaint alleging the manufacturer falsely attested to the use and efficacy of an...

OCI Reporting Covered by FCA, but Too Much Time Passed Between Whistleblowing and Termination;...

The district court granted the defendant’s motion for summary judgment in a lawsuit alleging illegal employment retaliation under the FCA and Defense Contract Workers...

Investigator’s Reports Covered by Work Product Doctrine; United States District Court for the Middle...

The district court denied the defendant’s motion to compel the government to produce answers to his interrogatories and to produce reports repaired by a government investigator. The court found the motion untimely, as it was not filed until more than eight months after the agreed-upon discovery deadline. On the merits, the court found the government […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Delegation of Defective Pricing Authority to the Defense Contract Management Agency

The DoD’s Defense Contract Management Agency announces to DoD leadership that a new Defective Pricing Pilot Team will provide support to Government Procuring Contracting Officers in resolving and dispositioning Defense Contract Audit Agency Truth in Negotiations audits. It explains how delegation to DCMA can be requested, and how DCMA will follow up if accepted. More […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Implementation of Section 6 of Executive Order 13924

The OMB Office of Information and Regulatory Affairs has issued a memo for the deputy secretaries of executive departments and agencies, with a list of best practices for the implementation of Section 6 of the White House’s May 2020 Executive Order on Regulatory Relief to Support Economic Recovery. This section of the EO directs “heads […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Relator Had the Details of a Scheme, but No False Claims for Payment; United...

The district court granted the defendant’s motion to dismiss a qui tam action alleging fraud on Medicare. The relator alleged the defendant submitted incorrect...

Government Did Not Provide Timely Notice of Unjust Enrichment Calculation, but Defendant Had All...

The district court denied the defendant’s motion for summary judgment on the government’s claim of unjust enrichment and motion to strike summary testimony. The...

Relator Fails to Allege Kickback Scheme with Particularity, but Antitrust Claims Survive; United States...

The district court dismissed numerous claims alleging that a pharmaceutical manufacturer provided illegal kickbacks to physicians and patients to boost sales of one of its products, and engaged in other fraudulent and anticompetitive conduct. The court generally found the claims were not pled with the required particularity, finding the allegations either vague and conclusory, or […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.

Failure to Set Payment Schedule No Basis for Overturning Qui Tam Settlement; United States...

The Eleventh Circuit affirmed a district court’s denial of the defendants’ motion to reopen a qui tam complaint after a settlement agreement had been reached. Before the case went to trial, the parties signed a settlement agreement and agreed to have DOJ determine a settlement amount. However, they did not negotiate a payment schedule or […]
Must be a Paid Member or a Free Trial Member to Access Content. Members log in here.