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Zero Hour: Contractors Face Increased FCA Exposure for Cybersecurity Noncompliance

Client Alert | less than 1 min read | 09.25.19

Along with the steady influx of cybersecurity requirements in federal procurement, contractors now face potential False Claims Act (FCA) liability in connection with cybersecurity noncompliance. Underscoring this risk was a recent FCA settlement, United States, ex rel. Glenn v. Cisco Sys. Inc., in which Cisco agreed to pay $8.6 million to settle allegations that it violated the FCA by selling products to the government that contained flawed software that was susceptible to data breaches. 

In an article published in Bloomberg Law, C&M attorneys discuss the intersection of the FCA and cybersecurity requirements as well as strategies to mitigate risk and defend against cybersecurity based FCA actions.

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Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....