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Air Force Award Downed by Inadequate OCI Assessment

Client Alert | less than 1 min read | 09.15.16

In AT&T Gov’t Solutions, Inc. (released Sept. 12, 2016), in which C&M represented AT&T, GAO sustained the protest of the Air Force’s award for computer network operations and cyberspace warfare operations. GAO determined that the Air Force had failed to reasonably evaluate whether the awardee had adequately avoided or mitigated unequal access to competitively sensitive information to which the awardee had access through its subcontractor that had provided acquisition support for the program and that the Air Force award decision was also premised on flawed past performance evaluations.

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Client Alert | 4 min read | 04.16.26

ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk

Is evidence that a company tracked return on investment (ROI) for certain actions and expenses sufficient to prove mens rea and plead a violation of the federal Anti-Kickback Statute (AKS) with the requisite particularity? A recent decision in the U.S. District Court for the Southern District of New York (SDNY) suggests that it is....