D.C. Circuit Creates Split over the Reach of the First-to-File Bar
Client Alert | 1 min read | 04.18.14
In U.S. ex rel. Shea v. Verizon Co., the D.C. Circuit held that (1) two complaints may be "related" even if they involve different agencies or contracts, (2) the bar applies even when the same relator filed the earlier action, and (3) it continues to operate even after the earlier-filed action is resolved. The third holding (which drew a dissent) conflicts with dicta from two other circuits and the Fourth Circuit's 2013 opinion in U.S. ex rel. Carter v. Halliburton Co., petition for cert. filed (discussed here), holding that the first-to-file bar only applies while the earlier action is still pending.
Insights
Client Alert | 3 min read | 05.14.24
NIST Releases Final Version of NIST SP 800-171, Revision 3
On May 14, 2024, the National Institute of Standard and Technology (NIST) published the final versions of Special Publication (SP) 800-171 Revision 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations and its companion assessment guide, NIST SP 800-171A, Revision 3 (collectively, “Rev. 3 Final Version”). While the Department of Defense (DoD) is not requiring contractors who handle Controlled Unclassified Information (CUI) to implement Rev. 3 for now, it is expected that DoD will eventually incorporate Rev. 3 into both DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 7012) as well as the forthcoming Cyber Maturity Model Certification (CMMC) program.
Client Alert | 4 min read | 05.13.24
Harmonizing AI with EEO Requirements: OFCCP’s Blueprint for Federal Contractors
Client Alert | 7 min read | 05.13.24
SEC Enforcement Actions Signal Enhanced Scrutiny Around “AI Washing”
Client Alert | 2 min read | 05.09.24
