Unanimous Supreme Court Holds that Implied Certification Can be Basis for FCA Liability
Client Alert | 1 min read | 06.16.16
On June 16, 2016, the Supreme Court handed down Universal Health Services v. United States ex rel. Escobar, holding unanimously that the “implied certification” theory can be a basis for False Claims Act (FCA) liability when a defendant submitting a claim makes specific representations about the goods or services provided, and fails to disclose noncompliance with material statutory, regulatory, or contractual requirements, thereby making those representations misleading. Although the Court rejected the First Circuit’s broad materiality standard (that any legal noncompliance is material so long as the defendant knows that the government would be entitled to refuse payment were it aware of the violation), it made clear that the underlying statutory, regulatory, or contractual requirement need not be an explicit condition of payment to trigger liability under the implied certification theory; rather, the test is whether the representation would likely influence government payment, a determination that may be made using both objective and subjective standards.
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Client Alert | 6 min read | 09.11.26
It’s LIVE: The Cyber Resilience Act Reporting Is Mandatory as of Today - 11 September 2026
The wait is over. As of today, manufacturers of connected products (both hardware and software) must comply with the Cyber Resilience Act’s (“CRA”) vulnerability and incident reporting obligations. The CRA’s Single Reporting Platform (“SRP”), operated by the European Union Agency for Cybersecurity (“ENISA”), is now the EU-wide gateway through which those notifications must flow.
Client Alert | 10 min read | 09.11.26
Mining, Indigenous Consultation Rights, and Investment Treaty Protection
Client Alert | 2 min read | 09.11.26
New ISOO Guidance Directs Federal Agencies to Provide More CUI Guidance to Contractors
Client Alert | 4 min read | 09.10.26
European Commission Publishes Landmark Guidelines on Exclusionary Abuses by Dominant Companies


