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Fourth Circuit applies the Wartime Suspension of Limitations Act to the Civil False Claims Act

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 21 2013

The False Claims Act's ("FCA") six-year statute of limitations took a body blow on March 18, 2013 when a split panel of the Fourth Circuit Court of

False Claims Act: district court rules that Wartime Suspension of Limitations Act suspends False Claims Act’s six-year statute of limitations

Fried Frank Harris Shriver & Jacobson LLP
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USA
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August 16 2012

What if you woke up today and found out that everything you previously understood about the False Claims Act’s (“FCA”) statute of limitations had been a dream?

Trade Agreements Act

Fried Frank Harris Shriver & Jacobson LLP
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USA
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June 9 2009

The GAO sustained a bid protest challenging the award of a General Services Administration (GSA) contract for mini-utility vehicles because the GSA failed to follow required evaluation procedures for procurements covered by the Trade Agreements Act (TAA

Justice Department brandishes rarely used weaponFIRREAin full-scale assault on S&P, and California joins the battle with separate state False Claims Act complaint

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 11 2013

The Justice Department's February 4, 2013 lawsuit against credit rating agency Standard & Poor's Ratings Services ("S&P"), a subsidiary of

Civil False Claims Act: court applies contra proferentem doctrine against the government in an FCA case based on an ambiguous contract provision

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 8 2012

In order to resolve the falsity element in many False Claims Act (FCA) cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated

Civil False Claims Act: district court says government cannot use civil investigative demands to cure its own pleading deficiencies

Fried Frank Harris Shriver & Jacobson LLP
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USA
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December 10 2012

United States District Judge Richard Bennett, a former U.S. Attorney, rejected attempts by his former Justice Department colleagues to use a Civil Investigative Demand (“CID”) to attempt to gather the information necessary to overcome a Rule 9(b) dismissal of the government’s False Claims Act (“FCA”) complaint

Methods of delivery order placement

Fried Frank Harris Shriver & Jacobson LLP
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USA
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June 9 2009

The Armed Services Board of Contract Appeals (ASBCA) held that a contractor was entitled to an equitable adjustment because the US Navy used a contractually unauthorized method for placing delivery orders under an indefinite delivery, indefinite quantity contract to supply digital modular radios

Small business credit for Alaskan native corporations and Indian tribes

Fried Frank Harris Shriver & Jacobson LLP
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USA
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September 7 2007

A final rule was issued amending the Federal Acquisition Regulation (FAR) to permit subcontracts awarded to certain Alaskan Native Corporations (ANCs) and Indian Tribes to be counted towards a contractor’s goals for subcontracting with small business and small disadvantaged business concerns, regardless of the size status of the ANCs or Indian Tribes

The COFC held that the U.S. Postal Service (USPS) wrongfully terminated a mail delivery contract for default after the contractor refused to perform the contract following a unilateral USPS change to the scope of work

Fried Frank Harris Shriver & Jacobson LLP
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USA
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September 7 2007

The COFC concluded that the USPS breached the contract when it unilaterally attempted to add 52 new mailboxes to the contractor’s 250-mailbox route

Seventh Circuit reins in Justice Department’s overreaching False Claims Act damages theory

Fried Frank Harris Shriver & Jacobson LLP
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USA
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March 25 2013

For several years, the Justice Department has been advocating for and employing a harsh and aggressive False Claims Act ("FCA") damages methodology

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