Reverse False Claim Requires "Established" Obligation to Pay
Client Alert | less than 1 min read | 12.15.16
On December 13, 2016, the Fifth Circuit, reversing the district court, held in U.S. ex rel. Simoneaux v. E.I. DuPont De Nemours & Co that the 2009 amendments to the FCA did not abrogate its prior precedent holding that reverse false claims liability did not extend to potential or contingent obligations to pay unassessed government fines or penalties. Agreeing with both the defendant and, notably, the United States, the court concluded that, while the 2009 amendments clarified that the amount of the obligation need not be “fixed,” the duty to pay had to be “established” before liability could attach.
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Client Alert | 4 min read | 07.06.26
House Advances Bipartisan Kids' Online Safety Bill, But Senate Showdown Looms
On June 22, 2026, House Energy and Commerce Committee Chairman Brett Guthrie (R-Ky.) and Ranking Member Frank Pallone (D-N.J.) announced a bipartisan agreement on a revised version of the KIDS Act (H.R. 7757), marking the most significant congressional advance on children's online safety legislation in years. The House passed H.R. 7757, as amended, on June 29, 2026, setting up a potential showdown with the Senate. The revised KIDS Act consolidates elements of 14 pending legislative proposals — including KOSA and COPPA 2.0, both of which have previously passed the Senate and cleared the House Energy and Commerce Committee — into a single, comprehensive framework. The announcement, however, was met immediately with objections from Senate sponsors and civil liberties groups, underscoring the difficult legislative road ahead.
Client Alert | 4 min read | 07.02.26
Client Alert | 4 min read | 07.02.26
Logged Out: How LOGZONE's DIBCAC Challenges Put It Squarely in DOJ's Crosshairs
Client Alert | 6 min read | 07.02.26
