Past Performance CDA Appeal Revisited
Client Alert | less than 1 min read | 08.04.09
In Todd Constr. L.P. v. U.S. (July 22, 2009), Judge G. Miller, following up on his prior decision that a contractor may file a CDA appeal of an adverse past performance determination, provided guidance on the scope of relief available to the plaintiff, namely, a remand to the agency with "just and proper" directions from the court to assist the agency in addressing identified concerns. The court cites to and adopts a number of the recommendations made in a recent article by C&M's John McCarthy and Addie Cliffe.
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Client Alert | 3 min read | 07.08.25
DOJ and HHS Launch FCA Working Group: Heightened Enforcement Risk for Health Care Entities
On July 2, 2025, the U.S. Department of Justice (DOJ) Civil Division and the U.S. Department of Health and Human Services (HHS) jointly announced the formation of a False Claims Act (FCA) Working Group. This new initiative underscores a coordinated federal enforcement strategy focused on identifying and addressing fraud in federally funded health care programs, particularly Medicare Advantage and Medicaid managed care. The announcement comes days after Matthew R. Galeotti, Head of DOJ’s Criminal Division, announced the results of the “largest coordinated health care fraud takedown in the history of the Department of Justice” and the creation of a “Health Care Fraud Data Fusion Center” comprised of data specialists that will “break down information silos, using coordinated data analysis to enable our investigative teams to quickly identify and dismantle emerging fraud schemes.” Taken together, these announcements demonstrate the DOJ’s effort—in both civil and criminal divisions—to strengthen its collaboration with HHS to investigate and prosecute health care fraud.
Client Alert | 4 min read | 07.07.25
DOJ Data Security Program Update: Active Enforcement Begins This Week
Client Alert | 9 min read | 07.07.25
