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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 | 07.07.26

At Long Last, DoW Signals Rule Implementing PCB Prohibition and Commercial Exemptions

On July 2, 2026, the Department of War (DoW) issued an Advance Notice of Proposed Rulemaking (ANPR) setting out a framework to implement the prohibition on acquisition of covered printed circuit boards (PCBs) from “covered nations”—North Korea, China, Russia, and Iran—enacted under sections 841 and 851 of the National Defense Authorization Acts (NDAAs) for Fiscal Years 2021 and 2022, respectively, and codified at 10 U.S.C. § 4873.  DoW invites industry to respond to specific questions and provide comments on the ANPR by August 31, 2026....