1. Home
  2. |Insights
  3. |Living in a Material World After Escobar

Living in a Material World After Escobar

Client Alert | 1 min read | 02.02.17

On January 26, 2017, the Fourth Circuit heard oral argument in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of the Court’s June 2016 holding regarding the implied certification theory in Universal Health Servs. v. United States ex rel. Escobar. Since Escobar was decided, three of the four circuits have grappled with the Escobar holding and issued decisions in the remanded cases. In a "Bloomberg Law Insight," C&M attorneys discuss how these early decisions illustrate the flexible nature of the Escobar materiality test and are an early sign of much litigation to come.

Insights

Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....