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.
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Client Alert | 2 min read | 07.15.26
CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights.
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
Client Alert | 3 min read | 07.13.26
Amici Rally Behind Liberty Global, Urging Tenth Circuit to Rein in Economic Substance Doctrine
