1. Home
  2. |Insights
  3. |Will Supreme Court Address Widening Split on FCA Implied Certification Liability?

Will Supreme Court Address Widening Split on FCA Implied Certification Liability?

Client Alert | less than 1 min read | 08.31.15

On June 5, 2015, defense contractor Triple Canopy filed a petition for writ of certiorari calling on the Supreme Court to address the scope of the implied certification theory of FCA liability. As Crowell & Moring attorneys explain in their Feature Comment published in The Government Contractor (article available here), the Supreme Court will likely address the issue in the near future because of the current circuit split and the outcome-determinative nature of the application of the theory in FCA cases.


Insights

Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...