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Federal appeals court finds Davis-Bacon violations can lead to False Claims Act liability

Alston & Bird LLP
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USA
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October 19 2012

On October 1, 2012, the U.S. Court of Appeals for the Sixth Circuit held in United States ex rel. Brian Wall v. Circle C. Construction, LLC that the submission of false payroll certifications required by the Davis-Bacon Act can form the basis for a False Claims Act (FCA) violation, at least where the proper classification of employees is not at issue

No good deed...: reconciling the FAR's mandatory contractor disclosure rules with protections afforded under FOIA Exemption 4

Alston & Bird LLP
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USA
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October 1 2012

The proverbial “Golden Rule” of public procurement is that all public transactions be conducted with the utmost integrity and without any appearance of impropriety

Government contractor litigation: Fifth Circuit holds federal employees have standing to bring qui tam actions under civil False Claims Act

Alston & Bird LLP
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USA
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October 1 2012

In July 2012, the Fifth Circuit, in a matter of first impression, held that a federal employee, even one whose job it is to investigate fraud, is a “person” within the meaning of the False Claims Act (FCA), such that he or she may serve as the relator and bring a qui tam action in the name of the United States

Protest decisions: GAO sustains untimely protest based on the "significant issue exception" in 4 C.F.F 21.2(c)

Alston & Bird LLP
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USA
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October 1 2012

In a decision rendered August 8, 2012, the Government Accountability Office (GAO) considered an untimely protest regarding a solicitation impropriety

Changes to the marketplace: new DCAA audit policy for contractor internal audit reports

Alston & Bird LLP
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USA
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October 1 2012

A recent Defense Contract Audit Agency (DCAA) Policy Memorandum, issued on August 14, 2012, signals a change in policy for the DCAA’s use of internal audits for major contractors

Public private partnerships gain momentum in the United States

Alston & Bird LLP
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USA
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June 20 2012

Public private partnerships (PPP) are in the news

House Republican Cybersecurity Task Force releases recommendations

Alston & Bird LLP
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USA
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October 5 2011

This afternoon the House Republican Cybersecurity Task Force announced a report containing its recommendations on federal cybersecurity legislation pursuant to a request by the House Republican leadership to examine four critical areas: critical infrastructure and incentives, information sharing and public-private partnerships, existing cybersecurity laws, and legal authorities

HHS budget in brief: CMS provisions

Alston & Bird LLP
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USA
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February 16 2011

The President's Fiscal Year (FY) 2012 Budget request was released on February 14, 2011, and includes health care budget proposals

Final rule implementing anti-fraud provisions of the affordable care act

Alston & Bird LLP
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USA
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February 3 2011

On January 24, 2011, CMS finalized a rule to implement significant anti-fraud provisions of the Patient Protection and Affordable Care Act Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act (Pub. L. No. 111-152) (collectively, the “Affordable Care Act” or “ACA”) that would impact both current and prospective providers and suppliers enrolled in Medicare, Medicaid and the Children’s Health Insurance Program (CHIP

Federal agencies turn up heat on health care fraud and abuse

Alston & Bird LLP
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USA
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November 19 2010

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) have continued to ramp up their attention to fraud, waste and abuse activities in recent weeks

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