False Estimates: A Misguided Notion Under The FCA
Client Alert | 1 min read | 07.22.05
Just as Russian officials have sought to hold weather forecasters liable for bad predictions, some qui tam relators and federal agencies have sought to stretch the False Claims Act (FCA) to impose liability for false estimates. In his article "The Strange Notion of Estimates as Fraud: Will Weather Predictions Be Next Under the False Claims Act?" published in The Procurement Lawyer (Summer 2005 http://www.crowell.com/pdf/BodenheimerSUM05.pdf), David Z. Bodenheimer explains that these "false estimate" allegations cannot be squared with common law rules that generally exclude opinions and predictions as a basis for fraud, FCA requirements that demand objective (not subjective) proof of falsity, and basic federal procurement standards that recognize the subjectivity inherent in estimating future costs.
Insights
Client Alert | 4 min read | 01.14.26
PFAS Reporting Gets Real in 2026
State regulation of PFAS-containing products will ramp up significantly in 2026. Most notably, companies will have to comply with Minnesota’s sweeping new product-reporting requirements. As we explain below, Minnesota’s requirements cast a wide net, capturing companies that may not sell products directly into the state. This and other features of the state’s reporting program are likely to present significant compliance challenges for a wide range of businesses.
Client Alert | 3 min read | 01.13.26
Client Alert | 7 min read | 01.13.26
Client Alert | 4 min read | 01.13.26
