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Ask the GAO Cyber Expert

Client Alert | 1 min read | 01.30.13

On February 20 at noon at Crowell & Moring, the ABA's Public Contract Law (PCL) and Science and Technology (SciTech) Sections will co-sponsor "Information Security, Privacy and the Government Accountability Office," featuring Greg Wilshusen, GAO's top cybersecurity and privacy expert, addressing his testimony and reports to Congress on topics such as cyber threats, mobile device security, IT supply chain challenges, and critical infrastructure risks for federal agencies and government contractors. With Sharon Larkin (Chair-Elect, ABA PCL Section; GAO Contract Appeals Judge & Assistant General Counsel, Procurement Law) providing opening remarks and David Bodenheimer (C&M Partner; ABA SciTech Chair, Security, Privacy & Information Law Division) moderating, you should register here, for the opportunity to bring your best questions for Mr. Wilshusen, who has been one of the foremost thought leaders reporting and testifying on cybersecurity and privacy challenges in the public sector arena.


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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....