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DAM Contractor's Underbidding Insufficient For FCA Liability

Client Alert | 1 min read | 01.21.05

Affirming summary judgment, the D.C. Circuit in U.S. ex rel. Bettis v. Oderbrecht Contractors (Jan. 11, 2005) held that evidence that a dam contractor (1) underbid, (2) reaffirmed its underbid, and (3) claimed that it would use cost-saving measures it never employed did not permit the conclusion that the contractor fraudulently induced the Army Corps of Engineers to award it the contract. The Court acknowledged that claims submitted for payment under a contract that was fraudulently induced can give rise to civil False Claims Act liability, but found in this case that the contractor's underbid was not a promise that its estimated costs were accurate, only that it would perform the dam work at the unit prices it bid, such that submission of claims for payment under the contract, including claims for equitable adjustments above the contract price, were not false claims.

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Client Alert | 2 min read | 11.11.26

President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner

On November 10, 2026, President Trump nominated Peter A. Feldman to serve as Chairman of the U.S. Consumer Product Safety Commission (CPSC) and to serve another seven-year term as Commissioner. The nominations signal the administration's intent to maintain continuity of leadership at the CPSC during a period of heightened regulatory activity. ...