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California FCA Strengthened to Parallel the Federal Act

Client Alert | less than 1 min read | 10.23.12

On September 27, Governor Brown signed into law amendments to the California False Claims Act predominantly designed to strengthen the CFCA and conform it to the federal FCA. The new law, which takes effect on January 1, 2013, increases incentives to bring lawsuits against state and local contractors by broadening anti-retaliation provisions, raising the amount of civil penalties recoverable, facilitating whistleblower suits, and extending liability for retention of an overpayment.


Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....