Fraudulent Claim Gets The Triple Whammy
Client Alert | less than 1 min read | 03.03.09
In Daewoo Eng'g and Constr. Co. v. U.S. (Fed. Cir. Feb. 20, 2009), the Federal Circuit affirmed the CFC's findings that the contractor had submitted a $64 million claim involving approximately $50 million based on material misrepresentations that amounted to a fraud. From this, the contractor received the triple whammy of forfeiting its entire claim under the CDA, being penalized $50 million under the CDA, and being fined $10,000 under the FCA.
Insights
Client Alert | 3 min read | 04.17.26
On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel.
Client Alert | 2 min read | 04.16.26
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Client Alert | 4 min read | 04.15.26
