Background - Practices (Details)

False Claims Act


Media Mentions

GIR 100 2016
September 23, 2016 — Global Investigations Review-GIR 100

The 24 Firms GCs Love the Most
June 28, 2016 — Law360

Lessons Learned From Supreme Court’s Ruling in Favor of KBR Inc.
June 1, 2015 — Federal News Radio

Brian Tully McLaughlin, a Washington, D.C.-based counsel in Crowell & Moring's Government Contracts Group, talks with Federal News Radio host Tom Temin on the "Federal Drive" program about the Supreme Court's ruling in favor of defense contractor KBR Inc. in a False Claims Act (FCA) whistleblower suit brought by a former employee. McLaughlin described the facts of the case and noted that it is not unusual for these types of FCA cases to take a long time. He noted that "this is a ruling that defense contractors will be very happy with because it means that the tolling period is not suspended, and that whistleblowers have a duty to bring their claims forward in a timely way."

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Featured Professionals: Brian Tully McLaughlin

Top Verdicts: U.S. ex. rel. Hopper v. Lockheed Martin Corp.
February 18, 2015 — Daily Journal

Los Angeles-based attorneys, Mark R. Troy, Jeffrey H. Rutherford, and Mana Elihu Lombardo were recognized for one of the Daily Journal's top verdicts of 2014 for their representation of Lockheed Martin in the U.S. ex. rel. Hopper v. Lockheed Martin Corp. case. After a six-day trial in the U.S. District Court for the Central District of California in Los Angeles, a jury unanimously found in favor of Lockheed Martin Corporation in a lawsuit filed under the qui tam provisions of the civil False Claims Act.

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Featured Professionals: Mana Elihu Lombardo, Mark R. Troy

Trafficking Rule Raises Subcontractor Monitoring Concerns
January 28, 2015 — Law360

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, talks to Law360 regarding a final rule that will tighten restrictions on human trafficking in government contracting. Under its requirements, all contractors must disclose working conditions to employees, are barred from confiscating passports or other immigration documents, must ensure that workers aren't being charged any recruitment fees, and must provide the worker with return transportation for non-nationals. "I think another big question is: 'Who pays for this?'" Eyre said. "There are some very specific obligations, both the compliance plan ... and others. But who is going to pay for that?"

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Featured Professionals: Peter Eyre

Gov't Contracts Group Of The Year: Crowell & Moring
January 9, 2015 — Law360

The firm's Government Contracts Group is featured for earning Law360's "Government Contracts Group of the Year Award," highlighting the Group as a widely heralded industry go-to and noting the firm's recent wins for Lockheed Martin Corp. and BAE Systems. Washington, D.C.-based Government Contract Group co-chairs, Angela B. Styles and Daniel R. Forman, discuss with Law360 the background of the Group and the deep bench of experienced attorneys from associates to partners which sets the Group apart from others. "We have folks on our legal team who are former military personnel, former engineers and software developers, and in addition to being at the top of their game on the legal side, they can speak multiple languages and talk to both general counsel and engineers, and that's an important facet of our practice," Forman states. Styles reiterates, "We're continually able to serve clients with the right lawyer, right experience, [and] right skill set."

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Featured Professionals: Daniel R. Forman, Mark R. Troy

Government Contracts Legislation and Regulation to Watch In 2015
January 2, 2015 — Law360

Washington, D.C.-based Government Contracts partner, Peter Eyre, discusses the potential impact of executive orders on the government contracts industry, including a 2012 order that will recruit federal contractors in U.S. efforts to fight labor trafficking at home and abroad. "That proposal came out months ago. That is now, as far as we can tell, ready to come out in final form. Because of the compliance requirements of that rule, it's something that will get a lot of attention," Eyre said.

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Featured Professionals: Peter Eyre

Judge Blocks Subpoena Against Sidley Austin
October 20, 2014 — Global Investigations Review

Washington, D.C.-based White Collar & Regulatory Enforcement Group partner, Philip T. Inglima, speaks to Global Investigations Review regarding his experience with subpoenas being blocked by a judge, even when it appears that all the appropriate steps have been taken to avoid a waiver or broad disclosure of the privileged materials. "These types of subpoena requests are becoming routine now, so companies are having to be ever more careful in making disclosures or presenting evidence to the DOJ so as not to waive attorney-client privilege and work product protection," states Inglima. "Delivering limited presentations orally is one way of reducing the risk."

Featured Professionals: Philip T. Inglima

Corporate Inversion Executive Order Possible, Crowell Partner Advises Contractors
September 11, 2014 — BNA

Washington, D.C.-based Government Contracts Group attorneys, Angela B. Styles and Stephen J. McBrady, discuss how President Obama might soon issue an executive order making it tougher for corporations that move overseas for tax purposes to win federal contracts. "How hard they will make it to do business with the U.S. government is anyone's guess," Styles said. The order requires contractors to disclose violations of more than a dozen state and federal labor laws and regulations. McBrady added that, "As a result, contractors should review labor law compliance and current arbitration agreements, as well as submit comments on any proposed regulations."

Featured Professionals: Stephen J. McBrady

COFC Ruling May Hasten Commercial Contracting's Decline
September 2, 2014 — Law360

Washington, D.C.-based Government Contract Group partner, J. Chris Haile, discusses a recent Court of Federal Claims decision that exempts Federal Supply Schedule contracts from some streamlined commercial acquisition rules, which is causing some concern about the long-term relevance of commercial contracting rules. Because FAR Part 8.4 only provides that FAR Part 12 applies in three instances, it doesn't cover situations in which CMS deviated from commercial practices when making an order under the schedules. "The general presumption has been that the schedules are commercial item contracts, so that while they're subject to FAR Part 8, they're also subject to FAR Part 12," Haile said. "I think that the decision certainly could have come out differently."

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Featured Professionals: J. Chris Haile

Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014 — Law360

Washington, D.C.-based partner, David C. Hammond, talks with Law360 about the recent trend of self-reporting requirements and the effect it's going to have on the government when dealing with the expanding disclosure requirements. "It's going to cost the government to review these disclosures," Hammond said. "It's going to drive up the contractors' costs of compliance ... and that is going to result in higher indirect costs being charged to the government."

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Featured Professionals: David C. Hammond

New Rule Increases Pressure On Homeland Security Contracts
August 14, 2014 — Law360

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, discusses the expanded authority of the Defense Priorities and Allocations System (DPAS) and how it will effect various companies and agencies, especially the U.S. Department of Homeland Security and its contractors. "Contractors and subcontractors that traditionally haven't dealt with rated orders are more likely to see them because of this expansion. Companies will need to become familiar with these obligations," Eyre said. "And I suspect that civilian agencies — especially DHS — are going to be figuring out how to use the expanded coverage and authority."

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Featured Professionals: Peter Eyre

7 Lingering Questions On Contractor Labor Violation Reports
August 6, 2014 — Law360

Washington, D.C.-based Government Contacts Group partner, Peter Eyre, speaks with Law360 regarding the lingering questions on contractor labor violation reports. When speaking to the mandatory disclosure rule, Eyre says, "It's taken years to get clarity on what happens to the information when it's disclosed [under the mandatory disclosure rule], and here, too, industry will need clarity on how the government will weigh and act upon these new disclosures."

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Featured Professionals: Peter Eyre

Contractors Prepare For Expanding Anti-Counterfeit Crusade
June 10, 2014 — Aerospace & Defense, Government Contracts, and Public Policy Law360

When asked whether Government-Industry Data Exchange Program (GIDEP), which is managed by the Pentagon, is the most appropriate vehicle for the new reporting framework, Government Contracts partner Peter Eyre told Law360, "I think you'll see comments about GIDEP itself and whether GIDEP is equipped for this type of activity," Eyre said. "This could be a significant expansion because contractors would be reporting directly into GIDEP and using GIDEP to screen, prior to purchasing supplies. Incorporating that screen into your procurement process is potentially quite onerous and might necessitate enhancements to the GIDEP system itself."

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Featured Professionals: Peter Eyre

Feds Could Get More Aggressive with False Claims Act in 2014
January 13, 2014 — Modern Healthcare

Troy Barsky, a partner in the firm's Health Care Group, is interviewed by Modern Healthcare to discuss how government investigators are likely to start wielding the False Claims Act even more aggressively than in the past. Barsky says, "the Justice Department's willingness to pursue huge False Claims cases on physician compensation against hospitals is new. In fact, it has created a great deal of uncertainty among providers who also recognize various financial incentives from the [Centers for Medicare & Medicaid Services] that favor doctor-integration." Barsky is the former director of the CMS Division of the Technical Payment Policy, Chronic Care Policy Group.

Featured Professionals: Troy A. Barsky

Government Contracts Regulation And Legislation To Watch In 2014
January 1, 2014 — Aerospace & Defense and Government Contracts Law360

When asked about what regulations and legislation government contracts and lawyers will be watching this new year, Washington, D.C.-based Government Contracts partner Peter Eyre says, "I think there's going to be much more focus on sources and how prime contractors supervise and monitor subcontractors in their supply chain. There's also a question of who's going to bear those costs. …There are dollars associated with closer scrutiny of the supply chain."

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Featured Professionals: Peter Eyre

Whistleblower Protections Expanded at Federal Contractors
October 29, 2013 — Compliance Week

With new rules for whistleblower protections for employees at federal contractors and their sub-contractors, there could be more enforcement actions against companies in the defense companies if there are issues not handled correctly. Washington, D.C.-based Government Contracts Group partner Peter Eyre discusses how the new rules mandated by the National Defense Authorization Act will change how both sub-contractor and sub-contractor employees are now covered by these rules.

Featured Professionals: Peter Eyre

Anti-Trafficking Rules Raise Contractor Compliance Concerns
September 27, 2013 — Government Contracts Law360

Washington, D.C.-based Government Contracts Group partner, Peter Eyre, speaks to Government Contracts Law360 about new anti-trafficking regulations. The regulations are aimed at fighting human trafficking and implement parts of the 2013 National Defense Authorization Act and a September 2012 executive order on trafficking that force prime contractors to take more responsibility for vetting their subcontractors and recruiters. According to Eyre, "The question is going to be: What else might the government expect above and beyond those minimum requirements? It's unclear what entity will opine on the sufficiency of these plans, and that too is a likely area for comment."

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Featured Professionals: Peter Eyre

Performance Review Rule Preserves Contractor Appeals
August 1, 2013 — Law360

In reaction to the U.S. Department of Defense, the U.S. General Services Administration, and NASA finalizing a change to the Federal Acquisition Regulation that standardizes the evaluation criteria for contractors' performance reviews, Washington, D.C.-based Government Contracts Group partner, Peter Eyre tells Law360 that, "The final rule pushes toward greater oversight of the agencies' reviews, but it remains important for contractors to make sure reports are accurate, because poor reviews can damage a contractor's reputation and ability to win new contracts."

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Featured Professionals: Peter Eyre