Brian Tully McLaughlin is a partner in the Government Contracts Group in Washington, D.C. and co-chair of the False Claims Act Practice. Tully's practice focuses on False Claims Act investigations and litigation, particularly trial and appellate work, as well as litigation of a variety of complex claims, disputes, and recovery matters. Tully’s False Claims Act experience spans procurement fraud, healthcare fraud, defense industry fraud, and more. He conducts internal investigations and represents clients in government investigations who are facing fraud or False Claims Act allegations. Tully has successfully litigated False Claims Act cases through trial and appeal, both those brought by whistleblowers / qui tam relators and the Department of Justice alike. He also focuses on affirmative claims recovery matters, analyzing potential claims and changes, counseling clients, and representing government contractors, including subcontractors, in claims and disputes proceedings before administrative boards of contract appeals and the Court of Federal Claims, as well as in international arbitration. His claims recovery experience includes unprecedented damages and fee awards. Tully has appeared and tried cases before judges and juries in federal district courts, state courts, and administrative boards of contract appeals, and he has argued successful appeals before the D.C. Circuit, the Federal Circuit, and the Fourth and Seventh Circuits.
Tully was honored by Law360 as a Top Attorney Under 40 for Government Contracts and a “Rising Star” in 2016. Prior to that, he was recognized by Super Lawyers as a “Rising Star” in both 2014 and 2015.
Tully values public service and works on a variety of pro bono cases that enhance his litigation experience. He was the winner of Crowell & Moring's Pro Bono Award in 2008.
During law school, Tully served on the Editorial Board of the Virginia Journal of Social Policy and the Law and directed an employment law pro bono project (Law Student Advocacy Project) representing state employees at grievance hearings. He was also a member of the Junta that produces the annual Libel Show.
Representative Matters
False Claims Act / Qui Tam Litigation and Investigations
- Overturned Jury Verdict on Appeal. In United States ex rel. Purcell v. MWI Corp., No. 1:98-CV-02088 (D.D.C.), served as lead trial and appellate counsel in one of the longest-running False Claims Act / qui tam cases ever. Chaired two-week jury trial in the U.S. District Court for the District of Columbia in qui tam suit alleging the submission of false documents to the Export-Import Bank of the United States (Ex-Im) in connection with loans guaranteed by Ex-Im in furtherance of irrigation projects in Nigeria in which the government intervened and sought treble damages in excess of $222 million. Tully co-led the trial team, presented closing arguments, and argued the damages and many other issues to the court. The result was a judgment of penalties only with zero damages. The government appealed the damages judgment and MWI cross-appealed on liability. The D.C. Circuit overturned the jury verdict and remanded with instructions to enter judgment for MWI, finding that MWI was not liable because it had reasonably interpreted an ambiguous regulation. The government’s petition for rehearing en banc was denied, as was the relator's petition for certiorari to the Supreme Court. See United States ex rel. Purcell v. MWI Corp., 15 F. Supp. 3d 18 (D.D.C. 2014); United States ex rel. Purcell v MWI Corp., 807 F.3d 281 (D.C. Cir. 2015), reh’g en banc denied, cert denied, 137 S.Ct. 625 (2017).
- Defense Verdict, Affirmed on Appeal. Managed successful defense of security contractor in United States ex rel. Davis v. U.S. Training Center, No. 08-cv-1244 (E.D. Va.) in two-week jury trial in the U.S. District Court for the Eastern District of Virginia against qui tam relators' claims of fraudulent overbilling for labor and reimbursable items on $1.2 billion international security services contract with Department of State in Iraq and Afghanistan. The majority of the relators' claims were dismissed on summary judgment, and the jury returned a "no liability" verdict on the remaining claims. On appeal, Tully argued the evidentiary issues before the Fourth Circuit, resulting in a full affirmance of the trial court, and costs to the defendant. See United States ex rel. Davis v. U.S. Training Center, Inc., 498 Fed. Appx. 308, 2012 WL 6052051 (4th Cir. Dec. 6, 2012).
- TAA / GSA Fraud Claims Dismissed, Affirmed on Appeal. Represented three defendants in False Claims Act qui tam suit alleging that multiple GSA Schedule contractors marketed and sold products with countries of origin that are not compliant under the Trade Agreements Act. The suit alleged liability under the implied certification theory, asserting that the defendants impliedly certified compliance with the TAA with each sale of products from its schedule contract. Obtained dismissal with prejudice of all claims pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6), and on appeal the Seventh Circuit affirmed. See United States ex rel. Berkowitz v. Automation Aids, Inc., 896 F.3d 834 (7th Cir. 2018); United States ex rel. Berkowitz v. Automation Aids, et al., No. 13-c-08185, 2017 WL 1036575 (N.D. Ill. Mar. 16, 2017).
- Dismissal at Pleading Stage. In United States ex rel. Beauchamp v. Academi Training Center, Inc., No. 1:11cv371 (E.D. Va.), obtained dismissal of all FCA counts and stay of retaliation claims, the latter of which thereafter settled. See United States ex rel. Beauchamp v. Academi Training Center, Inc., 933 F. Supp. 2d 825 (E.D. Va. 2013); United States ex rel. Beauchamp v. Academi Training Center, Inc., 2013 WL 1332028 (E.D. Va. Mar. 29, 2013).
- Non-Intervention and Dismissal. In United States ex rel. Morgan v. ManTech Int'l Corp., No. 1:13-cv-01289-TSC (D.D.C.), represented client in defense of FCA qui tam action alleging fraud with respect to maintenance services contracts with the military overseas. The government declined to intervene and the case was dismissed.
- Resolved Retaliation Claim. Represented publicly chartered private corporation in defense of FCA retaliation action filed in the U.S. District Court for the District of Columbia alleging fraud related to the promotion of U.S. tourism. After filing a motion to dismiss, the case settled and was dismissed.
- Represented defense contractor in False Claims Act investigation resulting in no action taken nor lawsuit filed against the client.
Government Contracts Claims and International Litigation
- Recovery of Lost Profits, Damages, and Extra Work. Represented SUFI Network Services, Inc., in 23-day hearing on entitlement and damages before the Armed Services Board of Contract Appeals (ASBCA No. 55306) for claims of breach of contract and constructive changes concerning contract with Air Force NAFI on bases located in Germany, that culminated in award of more than $100 million, plus interest. The Board's initial decision and subsequent reconsideration decisions resulted in a total judgment against the government of more than $12 million. Tully represented the contractor in an appeal of the ASBCA's decisions to the Court of Federal Claims, which in No. 11-804C found multiple errors in the Board's damages determinations and awarded over $100 million additional principal. The government appealed, and the Federal Circuit also found errors by the ASBCA but remanded to the Board to make new findings on damages. On remand, the Board awarded SUFI an additional $113 million, plus interest. The government then sought to challenge the Board’s findings in the Court of Federal Claims, but the court dismissed the action with prejudice. The Federal Circuit affirmed, rejecting the government’s assertions that the Board’s opinions failed to comply with the Federal Circuit’s prior mandate. Total recoveries exceed $200 million. See, e.g., SUFI Network Servs., Inc. v. U.S., 108 Fed. Cl. 287 (2012); SUFI Network Servs., Inc. v. U.S., 705 F.3d 1305 (Fed. Cir. 2014); SUFI Network Servs., Inc. v. U.S., 124 Fed. Cl. 511 (2015); SUFI Network Servs., Inc. v. U.S., 817 F.3d 733 (Fed. Cir. 2016).
- Attorney's Fees for Claim Preparation. In SUFI Network Services, Inc. v. United States, No. 11-453C (Fed. Cl.), litigated three-day trial on attorney's fees claim at the Court of Federal Claims, which awarded contractor all of its requested hours at Crowell & Moring's standard rates. The government appealed the CFC's judgment. Tully argued the appeal, resulting in the Federal Circuit affirming the judgment while also granting the client's cross-appeal for overhead and profit. See SUFI Network Servs., Inc. v. U.S., 785 F.3d 585 (Fed. Cir. 2015); SUFI Network Servs., Inc. v. U.S., 113 Fed. Cl. 140 (2013); SUFI Network Servs., Inc. v. U.S., 105 Fed. Cl. 184 (2012); SUFI Network Servs., Inc. v. U.S., 102 Fed. Cl. 656 (2012).
- Record-Setting Attorney’s Fees for Litigation. CFC granted fee petition pursuant to the Equal Access to Justice Act, awarding more than $9 million in fees and expenses, plus interest, for overwhelming success in litigation of damages claims. The CFC awarded fees at C&M’s current market rates due to, among other things, bad faith by the Air Force and DOJ, extensive delay in payment, and C&M’s specialized expertise in government contracts. It is the first government contracts case to win EAJA special factors enhancements, and the largest fee award in a government contracts case. As the CFC held, “Crowell & Moring was extremely successful in achieving a significant award and setting records for damages within government contracts litigation. If ever there were a set of facts supporting a finding that government contracts expertise was essential to a litigation, this is it.” See SUFI Network Servs., Inc. v. U.S., 128 Fed. Cl. 683 (2016).
- Lead counsel for Fortune 50 company with respect to half billion dollar commercial item program, counseling client on government changes and delays while responding to cure notice and threat of termination by customer agency. Negotiated successful settlement and recovery of tens of millions of dollars in changes, delays, and future work for contractor.
- Represented foreign subcontractor in international arbitration against prime contractor in recovering on multiple damages claims arising from subcontracts providing services under the U.S. Army's LOGCAP contract in Iraq.
Pro Bono Litigation and Service
- Representing siblings from El Salvador in seeking asylum on the basis of protected social group status after they fled from horrific violence and threats to their family and themselves.
- Successfully argued and won a grant of summary judgment on client's claim of violation of Fifth Amendment due process rights in connection with parole conditions imposed by the United States Parole Commission, and recovered attorney's fees.
- Represented elderly Chilean immigrant woman in a two-day trial in Loudoun County Circuit Court in housing dispute concerning a real estate contract. Successfully defeated summary judgment motion and obtained restitution judgment for client, enabling her to purchase a home of her own free and clear.
- Partnered with Washington Lawyer's Committee for Civil Rights 2008 National Election Protection efforts as a team leader of the Northern Virginia command center, training and assigning attorney volunteers at precincts and coordinating responses to legal impediment at the polls on Election Day.
- Represented Equal Rights Center and individual plaintiffs in federal suit against national fast-food restaurant chain. Negotiated settlement of ADA claims of discrimination against persons with disabilities due to access barriers at the entrances, service lines, and bathrooms of the stores.
Insights
Speeches & Presentations
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar, 2023.
(January 12, 2023).
Presenters: Crowell & Moring Government Contracts Group.
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CMMC 2.0 and the Rise of False Claims Act Cyber Liability – Coalition for Government Procurement
(October 27, 2022).
Speakers: Michael Gruden, Nkechi Kanu, and Tully McLaughlin.
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“Procurement Fraud and Enforcement,” GC 101: Back to Basics, Washington, D.C.
(September 21, 2022).
Presenters: Tully McLaughlin, Trina Barlow, Agustin Orozco, and Lyndsay Gorton.
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"Small Business Webinar Series: Investigations and Enforcement of Small Business Fraud," Crowell & Moring Webinar.
(July 19, 2022).
Speakers: Brian Tully McLaughlin.
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"New and Recurring Issues in False Claims Act Investigations," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C.
(May 17, 2022).
Speakers: Lyndsay A. Gorton, Brian Tully McLaughlin, Warrington Parker, and Michael Shaheen.
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"Procurement Fraud and the False Claims Act," Back Together Again for OOPS 2022, Washington, D.C.
(May 17, 2022).
Speakers: Stephen Byers, Alexis Victoria DeBernardis, Lyndsay A. Gorton, Brian Tully McLaughlin, and Agustin Orozco.
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"Government Contracts Disputes and the False Claims Act: Emerging Issues and Best Practices for Parallel Proceedings," Federal Bar Association, Qui Tam Section
(November 18, 2021).
Speaker: Brian Tully McLaughlin.
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"False Claims Act," Crowell & Moring's Government Contracts 101 Seminar 2021
(October 21, 2021).
Speakers: Brian Tully McLaughlin, Gail D. Zirkelbach, Preston L. Pugh, and Matthew Vicinanzo.
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"Procurement Fraud/FCA/Investigations," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar
(May 13, 2021).
Presenters: Mana Elihu Lombardo, Brian Tully McLaughlin, Warrington Parker, Michael Shaheen, Gail D. Zirkelbach, and Nkechi Kanu.
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"Government Contracts Investigations: The False Claims Act and Beyond," Investigations: Readiness and Response Webinar Series
(April 28, 2021).
Presenters: Stephen M. Byers, Lorraine M. Campos, Brian Tully McLaughlin, Preston L. Pugh, and M. Yuan Zhou.
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"COVID-19 and the False Claims Act," Crowell & Moring Webinar
(April 7, 2021).
Presenters: Mana Elihu Lombardo, Brian Tully McLaughlin, Nicole Owren-Wiest, and Michael Shaheen.
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"Part 1 - A Look at the Top False Claims Act Developments of 2020," Crowell & Moring Webinar
(February 9, 2021).
Presenters: Brian Tully McLaughlin, Jared Engelking, Lyndsay A. Gorton, and Nkechi Kanu.
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"Procurement Fraud/FCA/Investigations," OOPS 20/20 - Setting Your Sights
(October 22, 2020).
Presenters: Brian Tully McLaughlin, Preston L. Pugh, Nkechi A. Kanu, and Jared Engelking.
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"Procurement Fraud and Enforcement," Government Contracts "101" - Back to Basics Webinar
(September 24, 2020).
Presenters: Brian Tully McLaughlin, Rebecca L. Springer, Nkechi A. Kanu, and Matthew Vicinanzo.
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"Top Challenges Facing Federal Agencies COVID-19 Emergency Relief and Response Efforts and How Contractors Can Prepare for Inspector General Audits and Investigations," The Coalition for Government Procurement
(July 2, 2020).
Speakers: Lorraine M. Campos, Brian Tully McLaughlin, and Lyndsay A. Gorton.
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"COVID-19 Health Care Funding, Regulatory Waivers, and the False Claims Act: Protecting Your Business Today from Agency Enforcement and Whistle Blower Actions Tomorrow," Crowell & Moring Webinar
(April 30, 2020).
Presenters: Jacinta Alves, Mana Elihu Lombardo, Brian McGovern, Brian Tully McLaughlin, and David W. O'Brien
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"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar
(January 29, 2020).
Presenters: Crowell & Moring Government Contracts Group.
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"Emerging False Claims Act Risks for 2020 and Beyond," Crowell & Moring Webinar
(January 15, 2020).
Presenters: Crowell & Moring Government Contracts Group.
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"Procurement Fraud and Enforcement," Government Contracts "101" - Back to Basics, McLean, VA
(October 23, 2019).
Moderator: Nkechi A. Kanu; Panelists: Trina Fairley Barlow, Brian Tully McLaughlin, David B. Robbins, and Gail D. Zirkelbach.
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"Procurement Fraud, Investigations, and FCA," Crowell & Moring's Ounce of Prevention Seminar (OOPS) 2019, Washington, DC
(May 8, 2019).
Moderator: David B. Robbins; Speakers: Brian Tully McLaughlin, Jason M. Crawford, and Nkechi Kanu.
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"Claims and Requests for Equitable Adjustment," Government Contracts Breakfast Series, Arlington, VA
(January 16, 2019).
Presenters: Stephen J. McBrady, Brian Tully McLaughlin, Michelle D. Coleman, Skye Mathieson, and Charles Baek.
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"The False Claims Act: Legal Developments and Enforcement Trends: A Look Back, a Look Ahead," Crowell & Moring Webinar
(December 6, 2018).
Presenters: William S.W. Chang, Brian Tully McLaughlin, Charlotte Gillingham, and Sarah Hill.
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"Mandatory Disclosures, Investigations, and the False Claims Act," Government Contracts Breakfast Series, Herndon, VA
(October 24, 2018).
Panelists: Brian Tully McLaughlin, Trina Fairley Barlow, Jason M. Crawford, Nkechi Kanu, and Sarah A. Hill.
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"The False Claims Act: Qui Tam Whistleblower Litigation and Investigations," Crowell & Moring Webinar
(October 17, 2018).
Speakers: Stephen M. Byers, Brian Tully McLaughlin, Christine B. Hawes, and Mana Elihu Lombardo.
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"Changes, Claims and Terminations," Government Contracts "101" - Back to Basics, Washington, D.C.
(October 10, 2018).
Presenters: Steve McBrady, Brian Tully McLaughlin, Monica Sterling, and Michelle Coleman.
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"Contract Changes, REAs/Claims, and Terminations," Client Training, Chantilly, VA
(September 13, 2018).
Presenters: Brian McLaughlin, Skye Mathieson, and Michelle D. Coleman.
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"The False Claims Act: Civil Investigative Demands and Investigations," Crowell & Moring Webinar
(September 12, 2018).
Presenters: Laura M. Kidd Cordova, Brian Tully McLaughlin, Jason M. Crawford, and Nkechi Kanu.
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"How to Conduct an Investigation That May Lead to a Mandatory Disclosure," Defense Industry Initiative on Business Ethics and Conduct, Best Practices Forum, Washington, D.C.
(June 7, 2018).
Speaker: Brian Tully McLaughlin.
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"False Claims Act: Investigations, Enforcement, and Litigation Trends," OOPS 2018, Crowell & Moring's 34th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 17, 2018).
Presenters: Brian Tully McLaughlin, Jason M. Crawford, Mana Elihu Lombardo, and Nkechi Kanu.
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"What’s Keeping False Claims Act Lawyers Up at Night," ABA Section of Public Contract Law, Procurement Fraud Committee and Young Lawyers Committee, Washington, D.C.
(April 24, 2018).
Presenters: Brian Tully McLaughlin, Jason M. Crawford, and Christian N. Curran.
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"What Will the New Year Bring: Top Headlines, Headaches, and Developments for Government Contractors to Watch in 2018," Crowell & Moring Webinar
(January 25, 2018).
Presenters: Crowell & Moring Government Contracts Group.
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"Changes, Claims and Terminations," Government Contracts "101" - Back to Basics, Washington, D.C.
(October 26, 2017).
Presenters: J. Chris Haile, Brian Tully McLaughlin and Sharmistha Das.
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"REAs and Claims: Protecting the Company’s Bottom Line," Client Training, Herndon, VA
(September 22, 2017).
Panelists: Stephen J. McBrady, Brian Tully McLaughlin and Skye Mathieson.
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"Claims and Requests for Equitable Adjustment," Client Training, Washington, D.C.
(August 28, 2017).
Panelists: Stephen J. McBrady, Brian Tully McLaughlin and Skye Mathieson.
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"False Claims Act: What Every Contractor Needs to Know This Year," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: Brian Tully McLaughlin, Laura M. Kidd Cordova, Mark R. Troy, Mana Elihu Lombardo, Jason M. Crawford, and Megan A. Maitia.
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"Identifying and Pursuing Affirmative Recovery Opportunities and Navigating the Trump Era," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson, and Sharmistha Das.
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"False Claims Act Developments," HOOPS 2017, Crowell & Moring’s Health Care Ounce of Prevention Seminar, Hartford, CT
(March 20, 2017).
Presenters: Brian Tully McLaughlin and David W. O’Brien.
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"Recovery in Government Contracts," Crowell & Moring’s Third Annual In-House Recovery Conference, Dana Point, CA
(March 9-10, 2017).
Speakers: Stephen J. McBrady and Brian Tully McLaughlin.
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"An Analysis of the Impact on Government Contractors: Universal Health Services, Inc., v. U.S. ex rel. Escobar," ABA Section of Public Contract Law: Procurement Fraud Committee, Washington, D.C.
(June 30, 2016).
Panelist: Brian Tully McLaughlin.
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"False Claims Act Trends and Emerging Issues," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: Robert T. Rhoad; Presenters: Brian Tully McLaughlin, Mana Elihu Lombardo, Judy Choi and Agustin Orozco.
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"Government Procurement Recovery," Crowell & Moring's Second Annual In-House Recovery Conference, Dana Point, CA
(March 10-11, 2016).
Moderator: Daniel Forman. Speakers: Stephen McBrady, Brian Tully McLaughlin, and Brad Biegon.
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"What Will the New Year Bring," Crowell & Moring Webinar, Washington, D.C.
(January 14, 2016).
Presenters: Crowell & Moring Government Contracts Group.
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"Expert Voices of Government Contracting: The Claims Recovery Process," Federal News Radio, Washington, D.C.
(November 16, 2015).
Experts: J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, and Skye Mathieson.
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"False Claims Act: Does the Road (To Liability) Go On Forever?" WOOPS 2015, Crowell & Moring's West Coast Ounce of Prevention Seminar, Marina del Rey, CA
(May 14, 2015).
Moderator: Mark R. Troy; Panelists: Brian Tully McLaughlin and Mana Elihu Lombardo.
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"Contract Disputes," WOOPS 2015, Crowell & Moring's West Coast Ounce of Prevention Seminar, Marina del Rey, CA
(May 14, 2015).
Moderator: Stephen J. McBrady; Panelists: Brian Tully McLaughlin and Agustin D. Orozco.
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"False Claims Act: Does the Road (To Liability) Go On Forever?" OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: Brian Tully McLaughlin; Panelists: Andy Liu, Mark R. Troy, and Mana Elihu Lombardo.
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"What Will the New Year Bring: Procurement Fraud," Crowell & Moring Webinar
(January 7, 2015).
Presenters: Robert T. Rhoad, Brian Tully McLaughlin, and Jason C. Lynch.
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"The False Claims Act: Recent Lessons in the Courts and a Look Ahead as Cases and Recoveries Continue to Rise," West Coast Ounce of Prevention Seminar (WOOPS), Manhattan Beach, CA
(August 8, 2014).
Moderator: Gail D. Zirkelbach; Presenters: Mark Troy, Mana Elihu Lombardo, and Brian Tully McLaughlin.
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"Trying False Claims Act Cases: A View from the Defense," Grant & Eisenhofer's Qui Tam Practice and American Association of Justice's Qui Tam Litigation Group's 2014 Qui Tam Litigation Speaker Series
(July 11, 2014).
Presenters: Robert T. Rhoad and Brian Tully McLaughlin.
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"The False Claims Act: What Every Government Contractor Needs to Know About DOJ’s Weapon of Choice, Qui Tam Whistleblower Suits, Current Trends, and Preventive Tips," L-2 Federal Resources Webinar
(June 3, 2014).
Presenters: Dalal Hasan, Jason C. Lynch, and Brian Tully McLaughlin.
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"The Rearview Mirror: Lessons Learned From This Year's Trial Victories," Crowell & Moring Seminar/Webinar
(April 22, 2014).
Presenters: Robert T. Rhoad, Gregory D. Call, Kevin C. Mayer, Linda B. Popejoy, Keith J. Harrison, Brian Tully McLaughlin, Mana Elihu Lombardo, Nathaniel P. Bualat, and Jeffrey H. Rutherford.
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"State Your Claim - How Not to Leave Money on the Table," WMACCA Government Contractors Forum
(June 25, 2013).
Presenters: J. Chris Haile and Brian Tully McLaughlin.
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"False Claims Act Developments," OOPS 2013, Crowell & Moring's 29th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 15-16, 2013).
Moderator: Robert T. Rhoad; Presenter: Andy Liu, Mana Elihu Lombardo, and Brian Tully McLaughlin.
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"Government Contract Changes: How they Impact Your Bottom Line - L2 Federal Resources," Webinar
(May 16, 2012).
Co-Presenters: Raymond F. Monroe and Brian Tully McLaughlin
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"False Claims Act: Recent Developments and Their Impact on Compliance and Enforcement," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C.
(May 9-10, 2012).
Co-Speakers: Robert R. Rhoad, David O’Brien, Brian Tully McLaughlin, and Dalal Hasan.
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"Fraud and Mandatory Disclosure," National Job Corps Association Conference
(October 4-5, 2011).
Presenters: Mana Elihu Lombardo and Brian Tully McLaughlin.
Publications
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"Questions Remain After First FCA Settlement With PPP Lender," Law360
(November 8, 2022).
Authors: Olivia Lynch, Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, and Zachary Schroeder.
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"FEATURE COMMENT: The Top FCA Developments Of 2021," The Government Contractor, Vol. 64, No. 7
(February 16, 2022).
Authors: Tully McLaughlin, Lyndsay A. Gorton, Nkechi Kanu, Payal Nanavati, and Matt Vicinanzo.
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"Tipping The Scales: Third Circuit Weighs In On Circuit Split Regarding The Government's Dismissal Authority Over False Claims Act Qui Tams," Westlaw Today
(November 23, 2021).
Authors: Brian Tully McLaughlin, Lyndsay A. Gorton, Michael Shaheen, and Amanda H. McDowell.
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"False Claims Act Consent Judgment Prompts Termination Of SDVOSB Status Even Without An Admission Of Liability," Westlaw Today
(July 12, 2021).
Authors: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, and Zachary Schroeder.
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"FEATURE COMMENT: You Win Some, You Lose Some: In Wake of Ninth Circuit Defeat, the Governments Gets a Big Win from Seventh Circuit Ruling Expanding its Dismissal Authority over FCA Qui Tam Actions," The Government Contractor, Vol. 62, No. 34
(September 16, 2020).
Authors: Brian Tully McLaughlin, Jacinta Alves, Preston L. Pugh, Lyndsay A. Gorton, and Sean K. Griffin.
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"Lessons From OIG Relief Funding Oversight Report," Law360
(July 30, 2020).
Authors: Lorraine M. Campos, Jacinta Alves, Brian Tully McLaughlin, Gail D. Zirkelbach, Stephanie L. Crawford, and Lyndsay A. Gorton.
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"What High Court's Expansion Of FCA Time Limits Would Mean," Law360
(April 4, 2019).
Authors: Brian Tully McLaughlin, Jason M. Crawford, and Sarah A. Hill.
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"Defective Pricing & The False Claims Act," Briefing Papers: Second Series
(April 2019).
Authors: David Z. Bodenheimer, Brian Tully McLaughlin, and Jason M. Crawford.
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"FEATURE COMMENT: The Top FCA Developments Of 2018," The Government Contractor
(January 23, 2019).
Authors: Brian Tully McLaughlin, Jason M. Crawford, Sarah A. Hill, and Payal Nanavati.
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"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery," Westlaw Journal Government Contracts
(January 15, 2019).
Authors: William S.W. Chang, Laura M. Kidd Cordova, Stephen M. Byers, Brian Tully McLaughlin, Paul Rosen, David W. O'Brien, Spencer Churchill, and Bridget Carr.
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"Ninth Circuit's Rose Decision Could Be A Thorn In The Side Of Relators (At Least For Now)" Government Contracting Law Report
(November, 2018).
Authors: William S.W. Chang, Brian Tully McLaughlin, Gail D. Zirkelbach, Jason M. Crawford, Mana Elihu Lombardo, and Sarah A. Hill.
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"Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA’s Tolling Provision," Crowell & Moring's Government Contracts Legal Forum
(June 8, 2018).
Authors: Brian Tully McLaughlin, Nkechi Kanu, and Sarah Hill.
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"FEATURE COMMENT: The Top FCA Developments Of 2017," The Government Contractor
(January 31, 2018).
Authors: Brian Tully McLaughlin, Jason M. Crawford, Patrick S. Brown, and Nkechi A. Kanu.
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"Be Prepared for Increased Duty Evasion Claims Against Importers under the False Claims Act," Crowell & Moring's International Trade Law
(January 31, 2018).
Authors: John B. Brew, Brian Tully McLaughlin, Frances P. Hadfield and Jason M. Crawford.
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"9th Circ. Decision Could Be A Bitter Pill For Pharma Cos." Law360
(August 8, 2017).
Authors: David W. O'Brien, Brian Tully McLaughlin, Jason M. Crawford, and Sarah A. Hill.
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"It’s the Cover-Up That Gets You," Crowell & Moring's Government Contracts Legal Forum
(May 17, 2017).
Authors: Alan W. H. Gourley, Brian Tully McLaughlin and Jason M. Crawford.
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"Feature Comment: Materiality Rules! Escobar Changes the Game," The Government Contractor
(May 10, 2017).
Authors: Brian Tully McLaughlin and Jason M. Crawford.
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"FCA Implied Certification and Materiality: Bad News, Good News," Westlaw Journal Government Contract, Vol. 30, Issue 22
(February 27, 2017).
Author: Brian Tully McLaughlin.
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"The Gang That Couldn’t Shoot Straight: Post-Escobar Application of the Materiality Standard in the Fourth Circuit," Crowell & Moring's Government Contracts Legal Forum
(February 1, 2017).
Authors: Brian Tully McLaughlin, Jason M. Crawford and Sarah A. Hill.
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"Post-Escobar Application of the Materiality Standard," Bloomberg Law Federal Contracts Report
(January 31, 2017).
Authors: Brian Tully McLaughlin, Jason M. Crawford, and Sarah A. Hill.
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"Government Contracts – FCA Implied Certification and Materiality: Bad News, Good News," Crowell & Moring's Litigation Forecast 2017
(January 2017).
Contributor: Brian Tully McLaughlin.
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"Feature Comment: The Top FCA Developments Of 2016 For Government Contractors," The Government Contractor
(January 11, 2017).
Co-Authors: Brian Tully McLaughlin, Jason M. Crawford, Patrick Brown, Nkechi Kanu, Mary Kate Healy, and Sarah Hill.
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"Should Loose Lips Sink Whistleblower FCA Suits?" Crowell & Moring's Whistleblower Watch
(November 7, 2016).
Authors: Brian Tully McLaughlin, Jason M. Crawford and Sarah Hill.
-
"Feature Comment: Substantial Increase in False Claims Act Penalties Impacts The Landscape Of Litigation," The Government Contractor, Vol. 58, No. 28
(July 27, 2016).
Authors: Mana Elihu Lombardo and Brian Tully McLaughlin.
-
"High Court Recognizes FCA Liability Based on Implied Certification," Crowell & Moring's Whistleblower Watch
(June 24, 2016).
Authors: Robert Rhoad, Brian Tully McLaughlin, Jason M. Crawford, and Sarah Hill.
-
"Feature Comment: Frankenstein's Monster Is (Still) Alive: Supreme Court Recognizes Validity Of Implied Certification Theory," The Government Contractor, Vol. 58, No. 24
(June 22, 2016).
Co-Authors: Robert T. Rhoad, Brian Tully McLaughlin, Jason M. Crawford, and Sarah A. Hill.
-
"Supreme Court to Hear FCA Seal Violation Issue," Crowell & Moring's Whistleblower Watch
(June 2, 2016).
Author: Robert Rhoad, Brian Tully McLaughlin, David W. O'Brien, Stephen M. Byers, and Jason M. Crawford.
-
"Supreme Court Hears Arguments on FCA Implied Certification Theory," Crowell & Moring's Whistleblower Watch
(April 19, 2016).
Authors: Robert T. Rhoad, David W. O'Brien, Brian Tully McLaughlin, Jason M. Crawford, and Sarah Hill.
-
"The Top FCA Decisions of 2015 for Government Contractors," The Government Contractor
(February 10, 2016).
Authors: Brian Tully McLaughlin, Jason M. Crawford, and Patrick S. Brown.
-
"Cert Granted on Implied Certification Theory," Crowell & Moring's Whistleblower Watch
(December 9, 2015).
Authors: Robert T. Rhoad, David W. O'Brien, Brian Tully McLaughlin, Jason M. Crawford, and Jared Engelking.
-
"Claims Recovery Under Government Contracts," Crowell & Moring's Government Contracts Legal Forum
(November 17, 2015).
Authors: Stephen J. McBrady, J. Chris Haile, Brian Tully McLaughlin, and Skye Mathieson.
-
"Recent Developments Under FCA's Public Disclosure Bar: What is 'Public,' Anyway?" Bloomberg BNA Federal Contracts Report
(April 7, 2015).
Authors: Jason C. Lynch, Brian Tully McLaughlin, and Andy Liu.
-
"Supreme Court to Take Up Major False Claims Act Case Involving Wartime Suspension of Limitations Act and First-to-File Bar," Bloomberg BNA Federal Contracts Report, 102 FCR 47
(July 8, 2014).
Co-Authors: Jason C. Lynch, Brian Tully McLaughlin, and Robert T. Rhoad.
-
"FEATURE COMMENT: The 'Pending' Pickle with the FCA's First-To-File Bar," The Government Contractor, Vol. 56, No. 21
(June 4, 2014).
Co-Authors: Robert T. Rhoad, Brian Tully McLaughlin, and Jason C. Lynch.
-
"View From Crowell & Moring: The False Claims Act—Varied Approaches in Applying the Public Disclosure Bar," Bloomberg BNA Federal Contracts Report
(May 27, 2014).
Co-Authors: Andy Liu, Brian Tully McLaughlin, Jason C. Lynch.
Client Alerts & Newsletters
-
"The Top FCA Developments of 2022,"
Government Contracts Bullet Points
(March 8, 2023).
Contacts: Brian Tully McLaughlin, Nkechi Kanu, Lyndsay A. Gorton, Payal Nanavati, Matthew Vicinanzo, Amanda H. McDowell
-
"FCA Settlement Offers Reminder of the Importance of TAA and PRC Compliance,"
Government Contracts Bullet Points
(December 21, 2022).
Contacts: Stephen M. Byers, Adelicia R. Cliffe, Brian Tully McLaughlin, Payal Nanavati
-
"DOJ Announces First-Ever False Claims Act Settlement with PPP Lender and Creation of COVID-19 Fraud Strike Force Teams,"
Government Contracts Bullet Points
(September 16, 2022).
Contacts: Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Olivia Lynch, Zachary Schroeder
-
"U.S. Supreme Court Poised to Resolve Two FCA Circuit Splits,"
Government Contracts Bullet Points
(June 22, 2022).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Amanda H. McDowell
-
"Department of Justice Settles First False Claims Act Case Under its Civil Cyber-Fraud Initiative,"
Government Contracts Bullet Points
(March 14, 2022).
Contacts: Agustin D. Orozco, Brian Tully McLaughlin, Stephen M. Byers, Evan D. Wolff, Nkechi Kanu
-
"The FCA Does Not Assess Liability Through Ambush: Fourth Circuit Joins the List of Circuits Applying Safeco Inquiry to Legally False Claims,"
Government Contracts Bullet Points
(March 10, 2022).
Contacts: Brian Tully McLaughlin, Lyndsay A. Gorton, Amanda H. McDowell
-
"The Top FCA Developments of 2021,"
Government Contracts Bullet Points
(February 25, 2022).
Contacts: Brian Tully McLaughlin, Lyndsay A. Gorton, Nkechi Kanu, Payal Nanavati, Matthew Vicinanzo
-
"Second Circuit Reinforces the Relator’s Burden to Plead Materiality,"
Government Contracts Bullet Points
(February 4, 2022).
Contacts: Brian Tully McLaughlin, Matthew Vicinanzo, Ellie Riegel, Amanda H. McDowell
-
"A False Claims Act First: Eleventh Circuit Holds That the Excessive Fines Clause Applies to Non-Intervened Cases,"
Government Contracts Bullet Points
(February 4, 2022).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton
-
"Tipping the Scales: Third Circuit Weighs in on Circuit Split Regarding the Government’s Dismissal Authority Over False Claims Act Qui Tams,"
Government Contracts Bullet Points
(November 9, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Amanda H. McDowell
-
"Us Deputy Attorney General Requests Assistance From Companies in the Fight Against Cybercrime,"
Privacy Law Alert
(October 25, 2021).
Contacts: Sarah Rippy, Maida Oringher Lerner, Brian Tully McLaughlin, Rebecca Monck Ricigliano, Stephen M. Byers, Evan D. Wolff
-
"Just in Time for Halloween: DOJ Launches Cyber Enforcement Initiative Using False Claims Act,"
Government Contracts Bullet Points
(October 8, 2021).
Contacts: Michael G. Gruden, CIPP/G, Nkechi Kanu, Brian Tully McLaughlin, Rebecca Monck Ricigliano, Stephen M. Byers, Evan D. Wolff
-
"Let's Talk FCA: The Government’s Authority to Dismiss a False Claims Act Case,"
Podcast: Let's Talk FCA
(October 4, 2021).
Contacts: Michael Shaheen, Brian Tully McLaughlin
-
"Senator Grassley Introduces Long-Promised Proposed Amendments to the False Claims Act,"
False Claims Bullet Points
(July 27, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Stephen M. Byers, Preston L. Pugh, Lyndsay A. Gorton
-
"Fifth Circuit Declines to Take a Side in the FCA Circuit Split on DOJ’s Dismissal Authority Pursuant to 31 U.S.C. § 3730(c)(2)(A),"
Government Contracts Bullet Points
(July 22, 2021).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton, Alexandra Barbee-Garrett
-
"Subcontracting Status Reports, Even if False, Are Not Claims Under the FCA,"
Government Contracts Bullet Points
(June 22, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, Ellie Riegel
-
"District Court Reverses Course on Whether Kickbacks Presumptively Inflated Government Costs Under the False Claims Act,"
Government Contracts Bullet Points
(June 15, 2021).
Contacts: Stephen M. Byers, Brian Tully McLaughlin, Amy Laderberg O'Sullivan
-
"False Claims Act Consent Judgment Can Prompt Termination of SDVOSB Status Even Without an Admission of Liability,"
Government Contracts Bullet Points
(June 14, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Lyndsay A. Gorton, Zachary Schroeder
-
"False Claims Act Settlement Highlights DOJ’s Continued Pursuit of Large Contractors That Fail to Meet Subcontracting Requirements,"
Government Contracts Bullet Points
(June 8, 2021).
Contacts: Stephen M. Byers, Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan
-
"“Mere allegations of fraud do not divest the Board of jurisdiction” – Government’s Motion to Dismiss Denied When It Cannot Prove that Appeal Resolution Depends on a Factual Determination of Fraud,"
Government Contracts Bullet Points
(May 7, 2021).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
-
"Avoiding Loan Forgiveness Is No Shield from False Claims Act Liability in Latest Paycheck Protection Program Fraud Settlement,"
False Claims Bullet Points
(April 23, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Rebecca Monck Ricigliano, Tiffany Wynn
-
"DOJ Announces FCA Settlement Arising out of Violation of SBA’s Joint Venture Requirements,"
Government Contracts Bullet Points
(March 5, 2021).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Michael E. Samuels, Zachary Schroeder
-
"Let’s Talk FCA: Top False Claims Act Developments of 2020 and a Look Ahead (March 2021),"
Podcast: Let's Talk FCA
(March 4, 2021).
Contact: Brian Tully McLaughlin
-
"'You Have to Come Down with a Sledgehammer, Not a Toothpick!' – Senator Grassley Previews Potential Amendments to Increase False Claims Act Enforcement and Recoveries,"
Government Contracts Bullet Points
(February 18, 2021).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
-
"February Reports from PRAC and SIGPR Confirm Government’s Focus on Pandemic Funding Oversight and Enforcement Challenges,"
Government Contracts Bullet Points
(February 17, 2021).
Contacts: Brian Tully McLaughlin, Stephanie L. Crawford, Lyndsay A. Gorton
-
"Eleventh Circuit Holds that a Sincere Belief is not the Same as a Reasonable One Under the False Claims Act’s Retaliation Provision,"
Government Contracts Bullet Points
(February 8, 2021).
Contacts: Trina Fairley Barlow, Brian Tully McLaughlin, Preston L. Pugh, Christine B. Hawes
-
"The Top FCA Developments of 2020,"
Government Contracts Bullet Points
(February 1, 2021).
Contacts: Brian Tully McLaughlin, Lyndsay A. Gorton, Nkechi Kanu
-
"The Spigot is Open: DOJ Reports First Civil Settlement for Paycheck Protection Program Fraud,"
Government Contracts Bullet Points
(January 21, 2021).
Contacts: Brian Tully McLaughlin, Amy Laderberg O'Sullivan
-
"Cybersecurity Breach Turns Back the Clock - Confidential Information to be Filed in Paper,"
Government Contracts Bullet Points
(January 12, 2021).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Alexandra Barbee-Garrett
-
"Stand Up: Third Parties May Challenge False Claims Act Civil Investigative Demands,"
Government Contracts Bullet Points
(December 22, 2020).
Contacts: Brian Tully McLaughlin, Michael Shaheen, Lyndsay A. Gorton
-
"Making a List, Checking it Twice: OIG Report Details Contractor Payments Under Section 3610 of the CARES Act,"
Government Contracts Bullet Points
(December 16, 2020).
Contacts: Peter Eyre, Stephen J. McBrady, Nicole Owren-Wiest, J. Chris Haile, Brian Tully McLaughlin, Skye Mathieson, Michelle D. Coleman, Charles Baek, John Nakoneczny
-
"Fine Print: A False Claims Act Settlement Does Not Void a Contract,"
Government Contracts Bullet Points
(November 20, 2020).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
-
"Trick or Treat: DCMA Poised to Take on New Role in "Helping" to Resolve TINA Disputes,"
Government Contracts Bullet Points
(October 26, 2020).
Contacts: Skye Mathieson, Stephen J. McBrady, Brian Tully McLaughlin, Nicole Owren-Wiest, Charles Baek
-
"FCA Suit Alleging Manufacturer Fraudulently Induced HHS to Stockpile $1.4B of Tamiflu to Prevent Influenza Pandemic Allowed to Proceed,"
False Claims Bullet Points
(October 5, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh
-
"Dismissal, Says Who? Recent Seventh and Ninth Circuit Decisions Offer Competing Views on DOJ’s Dismissal Authority under the False Claims Act, But Congress May Have the Last Word,"
Government Contracts Bullet Points
(September 18, 2020).
Contacts: Brian Tully McLaughlin, Preston L. Pugh, Lyndsay A. Gorton
-
"Funds Today, Investigation Tomorrow: SBA OIG Warns of Serious Concerns of Rampant Fraud with COVID-19 Relief Funds and Calls for Immediate Action,"
Government Contracts Bullet Points
(August 4, 2020).
Contacts: Olivia Lynch, Brian Tully McLaughlin, Amy Laderberg O'Sullivan, Preston L. Pugh, Lyndsay A. Gorton
-
"PRAC Report Confirms OIG Focus on Combatting Fraud Related to Emergency Funding Programs,"
Government Contracts Bullet Points
(June 30, 2020).
Contacts: Lorraine M. Campos, Brian Tully McLaughlin, Stephanie L. Crawford, Lyndsay A. Gorton
-
"First Pandemic Response Accountability Committee Report Emphasizes Government-Wide Concerns About Fraud and Grant Management,"
False Claims Bullet Points
(June 19, 2020).
Contacts: Lorraine M. Campos, Brian Tully McLaughlin, Stephanie L. Crawford, Lyndsay A. Gorton
-
"HHS' Distribution of Provider Relief Funding to Skilled Nursing Facilities Along with New Terms and Conditions Raises Compliance Considerations for Providers,"
Health Care Alert
(May 29, 2020).
Contacts: John T. Brennan Jr., Brian Tully McLaughlin, Matthew Vicinanzo, Brian McGovern, David W. O'Brien
-
"HHS Begins Delivery of Cares Act Provider Relief Funding – What Providers Should Consider,"
Health Care Alert
(April 13, 2020).
Contacts: Troy A. Barsky, James G. Flood, Brian Tully McLaughlin, Matthew Vicinanzo, David W. O'Brien
-
"Avoiding Waivers of Privilege in Corporate Disclosures to the Government,"
Government Contracts Bullet Points
(March 26, 2020).
Contacts: Stephen M. Byers, Alan W. H. Gourley, Brian Tully McLaughlin
-
"OIG Audit Finds Nearly $900 Million in SDVOSB Set-Aside Contracts Awarded to Ineligible Contractors,"
Government Contracts Bullet Points
(February 25, 2020).
Contacts: Amy Laderberg O'Sullivan, Brian Tully McLaughlin, Olivia Lynch, Lyndsay A. Gorton, Zachary Schroeder
-
"The Top FCA Developments of 2019,"
GSA Schedule Bullet Points
(January 30, 2020).
Contacts: Jason M. Crawford, Brian Tully McLaughlin, Nkechi Kanu, Payal Nanavati
-
"DOJ Announces $3B in False Claims Act Recoveries,"
Health Care Alert
(January 10, 2020).
Contacts: Troy A. Barsky, Brian Tully McLaughlin
-
"11th Circuit Issues Long-Awaited Opinion in AseraCare Affirming that Mere Differences in Reasonable Clinical Judgement Cannot Be False Under the FCA and Remanding for New Trial and Consideration of Full Record,"
Health Care Alert
(September 13, 2019).
Contacts: Brian Tully McLaughlin, Nkechi Kanu, Roma Sharma
-
"An Opening Salvo for Cybersecurity FCA Cases,"
Government Contracts Bullet Points
(August 6, 2019).
Contacts: Jason M. Crawford, Brian Tully McLaughlin
-
"ASBCA Holds that Transmission Emails are "Part of the Same Transaction" as Mods for Plain Meaning Purposes,"
Government Contracts Bullet Points
(May 24, 2019).
Contacts: Skye Mathieson, Stephen J. McBrady, Brian Tully McLaughlin, Michelle D. Coleman
-
"Defective Pricing & the False Claims Act,"
False Claims Bullet Points
(May 21, 2019).
Contacts: Jason M. Crawford, Brian Tully McLaughlin
-
"For Whom the Statute Tolls: Ten Years Is Now the Default Statute of Limitations Period for All FCA Cases, High Court Holds,"
False Claims Bullet Points
(May 13, 2019).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"The Top FCA Developments Of 2018,"
Government Contracts Bullet Points
(February 4, 2019).
Contacts: Jason M. Crawford, Brian Tully McLaughlin, Payal Nanavati
-
"The Solicitor General Provides an Unexpected and Quicker Path to Victory for Gilead,"
White Collar Alert
(December 3, 2018).
Contacts: Thomas A. Lorenzen, Brian Tully McLaughlin
-
"DOJ Resets Bar for Corporate-Cooperation Credit and Shifts Emphasis in False Claims Act Cases from Individual Accountability to Monetary Recovery,"
White Collar Alert
(November 30, 2018).
Contacts: Stephen M. Byers, Kelly T. Currie, Brian Tully McLaughlin, David W. O'Brien
-
"SOL for Whom? Supreme Court Agrees To Review Deepening Disagreement on FCA’s Statute of Limitations Tolling Provision,"
Government Contracts Bullet Points
(November 26, 2018).
Contacts: Brian Tully McLaughlin, Nkechi Kanu
-
"Ninth Circuit’s Rose Decision Could be a Thorn in the Side of Relators (At Least for Now),"
False Claims Bullet Points
(August 29, 2018).
Contacts: Jason M. Crawford, Brian Tully McLaughlin
-
"Let's Talk FCA: False Claims Act Trials (July 2018),"
Podcast: Let's Talk FCA
(July 12, 2018).
Contacts: Jason M. Crawford, Brian Tully McLaughlin
-
"Not Better Late Than Never: Timing Requirement is Material to Payment,"
Government Contracts Bullet Points
(June 15, 2018).
Contacts: Brian Tully McLaughlin, Jason M. Crawford, Nkechi Kanu
-
"Just When You Thought It Was Over: Eleventh Circuit Deepens Disagreement on FCA's Tolling Provision,"
Government Contracts Bullet Points
(June 13, 2018).
Contacts: Brian Tully McLaughlin, Nkechi Kanu
-
"Taking It to the Bank: FCA Case Dismissed Because Federal Reserve Banks Are Not the U.S. Government,"
False Claims Bullet Points
(May 16, 2018).
Contacts: Stephen J. McBrady, Alan W. H. Gourley, Brian Tully McLaughlin
-
"DOJ Signals That It Will Increase FCA Enforcement to Curb Opioid Crisis in the Most Meritorious Cases,"
False Claims Bullet Points
(March 13, 2018).
Contacts: Brian Tully McLaughlin, Matthew Vicinanzo
-
"Steel and Aluminum Tariffs: Recovery and Risk Reduction for Federal Contractors,"
Government Contracts Bullet Points
(March 7, 2018).
Contacts: Peter Eyre, J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin
-
"DOJ Memo Limits the Use of Agency Guidance in FCA Enforcement,"
False Claims Bullet Points
(February 22, 2018).
Contacts: Brian Tully McLaughlin, Payal Nanavati
-
"The Top FCA Developments Of 2017,"
False Claims Bullet Points
(February 2, 2018).
Contacts: Jason M. Crawford, Brian Tully McLaughlin, Nkechi Kanu
-
"Charitable Donations Not Grounds for False Claims Act Liability, But Government Scrutiny Continues,"
Health Care Alert
(January 25, 2018).
Contacts: Brian Tully McLaughlin, Troy A. Barsky, John T. Brennan Jr., Lauren R. Nunez, Rochelle-Leigh Rosenberg
-
"Escobar Erases $350M FCA Verdict Against Nursing Home Co.,"
False Claims Bullet Points
(January 18, 2018).
Contacts: Brian Tully McLaughlin, Nicole Owren-Wiest, Matthew Vicinanzo
-
"DOJ Reports $3.7B Haul in FY 2017 FCA Recoveries,"
Government Contracts Bullet Points
(December 26, 2017).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Unqualified Expert Witness Causes DOJ to Dismiss FCA Case,"
Health Care Alert
(November 17, 2017).
Contacts: David W. O'Brien, John T. Brennan Jr., Brian Tully McLaughlin, Troy A. Barsky
-
"The Times They Are A’Changing – Or Are They? DOJ Announces It Will Move To Dismiss Qui Tam Complaints That Lack Merit,"
Government Contracts Bullet Points
(November 13, 2017).
Contact: Brian Tully McLaughlin
-
"Advantage United Healthcare: U.S. District Court Judge Tosses Allegations in Medicare Advantage Lawsuit,"
Health Care Alert
(October 19, 2017).
Contact: Brian Tully McLaughlin
-
"FCA Defendant Wins Attorneys’ Fees and the Government Gets Stuck with the Bill,"
Government Contracts Bullet Points
(August 23, 2017).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"First Means First: Dismissal of Prior Related Actions No Cure For Relator’s First-to-File Defect,"
Government Contracts Bullet Points
(August 15, 2017).
Contact: Brian Tully McLaughlin
-
"Materiality Rules: Escobar Changes the Game,"
Government Contracts Bullet Points
(May 15, 2017).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Court Compels Government to Produce Attorney Documents and CO’s Justification for Rescinding Final Decision that Formed Basis of FCA Case,"
Government Contracts Bullet Points
(May 9, 2017).
Contacts: Brian Tully McLaughlin, Skye Mathieson, M. Yuan Zhou
-
"Lawyer Shoots Self in Foot with Shotgun Approach to Litigation,"
Government Contracts Bullet Points
(April 5, 2017).
Contacts: Alan W. H. Gourley, Brian Tully McLaughlin
-
"FCA Litigation Forecast: Bad News, Good News,"
Government Contracts Bullet Points
(March 24, 2017).
Contact: Brian Tully McLaughlin
-
"Introducing Crowell & Moring’s Government Contractor Recovery Practice Performance Review Offering (PRO),"
Government Contracts Bullet Points
(March 16, 2017).
Contacts: Daniel R. Forman, David J. Ginsberg, Stephen J. McBrady, Brian Tully McLaughlin
-
"Accurate Historical Data Yields Negligent Estimate,"
Government Contracts Bullet Points
(February 28, 2017).
Contacts: J. Chris Haile, Brian Tully McLaughlin, Skye Mathieson
-
"Fourth Circuit Declines to Address Use of Stat Sampling in FCA Cases,"
Government Contracts Bullet Points
(February 16, 2017).
Contacts: Alan W. H. Gourley, Brian Tully McLaughlin, Jason M. Crawford
-
"Living in a Material World After Escobar,"
Government Contracts Bullet Points
(February 2, 2017).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Enough Is Enough! Supreme Court Puts an End to 18-Year FCA Litigation,"
Government Contracts Bullet Points
(January 17, 2017).
Contact: Brian Tully McLaughlin
-
"DOJ Reports $4.7B in FCA Recoveries in FY16,"
Government Contracts Bullet Points
(December 16, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Reverse False Claim Requires "Established" Obligation to Pay,"
Government Contracts Bullet Points
(December 15, 2016).
Contacts: Alan W. H. Gourley, Brian Tully McLaughlin
-
"Seal Violation Does Not Mandate Dismissal, Supreme Court Says,"
Government Contracts Bullet Points
(December 7, 2016).
Contact: Brian Tully McLaughlin
-
"Ambiguity Remains After Escobar,"
Government Contracts Bullet Points
(November 9, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"CFC Blasts AF and DOJ for Vexatious Litigation,"
Government Contracts Bullet Points
(October 31, 2016).
Contact: Brian Tully McLaughlin
-
"Eighth Circuit Applies Escobar's Materiality Standard,"
Government Contracts Bullet Points
(October 24, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Sixth Circuit Recognizes Exception to Heightened Standard for Pleading False Claim,"
Government Contracts Bullet Points
(October 12, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"How the Substantial Increase in False Claims Act Penalties Affects the Litigation Landscape,"
Government Contracts Bullet Points
(August 1, 2016).
Contact: Brian Tully McLaughlin
-
"One Employee's Fraud Bars Company's Monetary Claim,"
Government Contracts Bullet Points
(July 19, 2016).
Contacts: J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson
-
"DOJ Makes Significant Inflation Adjustment to Civil Monetary Penalties,"
Government Contracts Bullet Points
(July 1, 2016).
Contact: Brian Tully McLaughlin
-
"“It’s Alive!” High Court Recognizes “Frankenstein’s Monster” Theory of FCA Liability,"
Government Contracts Bullet Points
(June 24, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Unanimous Supreme Court Holds that Implied Certification Can be Basis for FCA Liability,"
Government Contracts Bullet Points
(June 16, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Supreme Court to Rule on Seal Rule,"
Government Contracts Bullet Points
(June 2, 2016).
Contacts: Jason M. Crawford, Brian Tully McLaughlin
-
"Supreme Court Hears Argument on Implied Certification Theory,"
Government Contracts Bullet Points
(April 20, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Federal Circuit Affirms Contractor’s $113 Million Award from ASBCA,"
Government Contracts Bullet Points
(March 31, 2016).
Contact: Brian Tully McLaughlin
-
"The Top FCA Decisions of 2015 for Government Contractors,"
Government Contracts Bullet Points
(February 16, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Sixth Circuit Rejects DOJ's "Fairyland" Damages Calculation and Awards Actual Damages Based on Benefit of the Bargain,"
False Claims Bullet Points
(February 12, 2016).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"DOJ Reports $3.5B Haul from FCA Enforcement in FY15,"
Government Contracts Bullet Points
(December 11, 2015).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Supreme Court to Tackle Implied Certification FCA Liability,"
Government Contracts Bullet Points
(December 8, 2015).
Contacts: Brian Tully McLaughlin, Jason M. Crawford
-
"Defendant’s Reasonable Interpretation of Ambiguous Regulation Negates FCA Liability,"
Government Contracts Bullet Points
(December 1, 2015).
Contact: Brian Tully McLaughlin
-
"Claims Recovery Under Government Contracts,"
Government Contracts Bullet Points
(November 17, 2015).
Contacts: J. Chris Haile, Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson
-
"ASBCA's FY15 Report – a Look at the Numbers,"
Government Contracts Bullet Points
(November 5, 2015).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Skye Mathieson
-
"Federal Circuit Adopts Broad Standing in Set-Aside Challenge,"
Government Contracts Bullet Points
(September 4, 2015).
Contact: Brian Tully McLaughlin
-
"Applicability of Privilege to Internal Investigations Upheld, Again,"
Government Contracts Bullet Points
(August 12, 2015).
Contacts: Brian Tully McLaughlin, Derek A. Hahn, Jason M. Crawford
-
"DOJ Has No Right to Challenge Board Decision Under Contractor’s Wunderlich Act Suit,"
Government Contracts Bullet Points
(July 27, 2015).
Contact: Brian Tully McLaughlin
-
"Implied False Certification Split Widens,"
Government Contracts Bullet Points
(June 12, 2015).
Contacts: Brian Tully McLaughlin, Robert J. Sneckenberg
-
"Unanimous Supreme Court Cabins Wartime Suspension of Limitations Act,"
Government Contracts Bullet Points
(May 27, 2015).
Contact: Brian Tully McLaughlin
-
"Claim Preparation Attorney's Fees Award Affirmed,"
Government Contracts Bullet Points
(April 29, 2015).
Contact: Brian Tully McLaughlin
-
"Contractor Logs Victory in Termination Case at Federal Circuit,"
Government Contracts Bullet Points
(March 2, 2015).
Contacts: Stephen J. McBrady, J. Chris Haile, Brian Tully McLaughlin
-
"Disclosure to Public Officials Is Not "Public": Relator to Have Yet Another Day in Court,"
Government Contracts Bullet Points
(February 5, 2015).
Contacts: Alan W. H. Gourley, Brian Tully McLaughlin
-
"Fourth Circuit Accepts "Implied Certification" Theory When Contractual Requirement Is Unambiguous and Material,"
Government Contracts Bullet Points
(January 12, 2015).
Contacts: Alan W. H. Gourley, Brian Tully McLaughlin
-
"Government Sees $104 Million Verdict Vanish After Its Theory of Liability Is Rejected Post-Trial,"
Government Contracts Bullet Points
(January 8, 2015).
Contact: Brian Tully McLaughlin
-
"(Re)Ordered: DoD Revises and Reorders ASBCA Rules,"
Government Contracts Bullet Points
(July 23, 2014).
Contacts: Stephen J. McBrady, Brian Tully McLaughlin
-
"Federal Circuit Remands NAFI Contractor Back to ASBCA for Further Damages Findings,"
Government Contracts Bullet Points
(June 4, 2014).
Contact: Brian Tully McLaughlin
-
"CO Must Identify Extension for Final Decision with Precision,"
Government Contracts Bullet Points
(May 27, 2014).
Contacts: J. Chris Haile, Brian Tully McLaughlin, Robert J. Sneckenberg
-
"D.C. Circuit Creates Split over the Reach of the First-to-File Bar,"
Government Contracts Bullet Points
(April 18, 2014).
Contact: Brian Tully McLaughlin
-
"Supreme Court Denies Cert. in Rule 9(b) Pleading Requirements Case,"
Government Contracts Bullet Points
(April 3, 2014).
Contact: Brian Tully McLaughlin
-
"Contractor's Report to OIG Insufficient to Trigger Public Disclosure Bar,"
Government Contracts Bullet Points
(March 27, 2014).
Contact: Brian Tully McLaughlin
-
"C&M Obtains Total Offset of Treble Damages,"
Government Contracts Bullet Points
(February 21, 2014).
Contact: Brian Tully McLaughlin
-
"Federal Circuit Clarifies Implied Duty of Good Faith and Fair Dealing,"
Government Contracts Bullet Points
(February 19, 2014).
Contact: Brian Tully McLaughlin
-
"CFC Awards Full Fees for AF Breach,"
Government Contracts Bullet Points
(October 24, 2013).
Contact: Brian Tully McLaughlin
-
"Bad Estimates Support Constructive Change Without Proof of Government Negligence,"
Government Contracts Bullet Points
(July 10, 2013).
Contacts: J. Chris Haile, Brian Tully McLaughlin
-
"Defective Complaint Can Still Have Preclusive Effect Under FCA's First-to-File Bar,"
Government Contracts Bullet Points
(June 12, 2013).
Contact: Brian Tully McLaughlin
-
"Arbitrability Is for the Arbitrator to Decide,"
Government Contracts Bullet Points
(April 2, 2013).
Contacts: David W. O'Brien, David C. Hammond, Brian Tully McLaughlin
-
"Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars,"
Government Contracts Bullet Points
(April 1, 2013).
Contacts: David C. Hammond, David W. O'Brien, Brian Tully McLaughlin
-
"Wartime Suspension of Limitations Act Available to Qui Tam Relators Even When the U.S. Does Not Intervene,"
Government Contracts Bullet Points
(March 20, 2013).
Contact: Brian Tully McLaughlin
-
"Defense Verdict in Security Contractor Trial Affirmed,"
Government Contracts Bullet Points
(December 14, 2012).
Contacts: Brian Tully McLaughlin, David C. Hammond, David W. O'Brien
-
"NAFI Contractor Wins over $100 Million In Wunderlich Act Review of ASBCA Decision,"
Government Contracts Bullet Points
(November 16, 2012).
Contact: Brian Tully McLaughlin
-
"Attorney Fees for Claim Preparation Are Recoverable,"
Government Contracts Bullet Points
(September 21, 2012).
Contact: Brian Tully McLaughlin
-
"Attorney Fees for Claim Preparation Are Recoverable, Despite Contingency Arrangement,"
Government Contracts Bullet Points
(June 19, 2012).
Contact: Brian Tully McLaughlin
-
"D.C. Circuit Loosens Public Disclosure Bar While Tightening the Reins on Damages,"
Government Contracts Bullet Points
(May 16, 2012).
Contacts: Alan W. H. Gourley, Brian Tully McLaughlin
-
"NAFI Or Not, Contractors Can Sign Away Their Right To Appeal,"
(March 16, 2012).
Contact: Brian Tully McLaughlin
-
"NAFI Contractor Goes Straight to Court When CO Fails to Issue Final Decision,"
Government Contracts Bullet Points
(January 24, 2012).
Contact: Brian Tully McLaughlin
-
"Tucker Act Reaches More NAFIs Than Many Thought,"
Government Contracts Bullet Points
(February 2, 2011).
Contact: Brian Tully McLaughlin
-
"Market Value is the Price of Holdover Tenancy,"
Government Contracts Bullet Points
(October 12, 2010).
Contact: Brian Tully McLaughlin
-
"Technology Replacement Clause Requires Actual Replacement,"
Government Contracts Bullet Points
(September 28, 2010).
Contact: Brian Tully McLaughlin
-
"Don't Want a Setoff? Better Say It,"
Government Contracts Bullet Points
(July 13, 2010).
Contact: Brian Tully McLaughlin
-
"Two Bites Allowed If In Different Spots On The Apple,"
Government Contracts Bullet Points
(January 6, 2010).
Contact: Brian Tully McLaughlin
-
"E-Verify -- Immigration Enforcement Comes to Federal Contracting,"
Government Contracts Bullet Points
(November 14, 2008).
Contacts: Kris D. Meade, Brian Tully McLaughlin
-
"Bad Faith Conduct Pervades Contract,"
Government Contracts Bullet Points
(April 25, 2007).
Contact: Brian Tully McLaughlin
-
"T4C, IDIQ Clauses Are No Safe Harbor Against Breach Damages,"
Government Contracts Bullet Points
(September 12, 2006).
Contact: Brian Tully McLaughlin
Press Coverage
-
Gov't Contracts Cases To Watch In 2023
January 2, 2023 — Law360
-
Top Government Contracts Cases Of 2022
December 21, 2022 — Law360
-
Grassley Moves to Stop Contractors From Holding U.S. ‘Hostage’
July 29, 2021 — Bloomberg Law
-
AECOM Whistleblower To Argue War Needs Trumped Afghanistan Fraud
May 20, 2021 — Bloomberg Law
-
More Relators Push FCA Cases To The End In 2017
January 4, 2018 — Law360
-
The Escobar Decision, One Year Later
June 20, 2017 — Compliance Week
-
Attys Dish On Escobar's FCA Impact 1 Year Later
June 16, 2017 — Law360
-
Lockheed, Northrop Take Down F-35 Costs Claims
December 13, 2016 — Bloomberg BNA
-
$113 Million Recovery Mertis Fees Award, Court Says
October 20, 2016 — Bloomberg BNA Federal Contracts Report
-
SUFI Merits Atty Fees After $113M Win Over Gov't, Judge Says
October 20, 2016 — Law360
-
Attorney: ‘Floodgates Will Open’ If Implied Certification Is Adopted
May 27, 2016 — Bloomberg BNA
-
Rising Star: Crowell's Brian Tully McLaughlin
May 2, 2016 — Law360
-
Law360 Names Top Attorneys Under 40
March 30, 2016 — Law360
-
DC Circ. Ruling Gives FCA Defendants An Easy Out, US Says
February 9, 2016 — Law360
-
Government Contracts Group of the Year: Crowell & Moring
January 6, 2016 — Law360
-
DC Circ. Clears MWI in Nigerian FCA Suit
November 24, 2015 — Law360
-
Lessons Learned From Supreme Court’s Ruling in Favor of KBR Inc.
June 1, 2015 — Federal News Radio
-
Expert Tells Federal Contractors to Play It Safe, Invest in Compliance
May 12, 2015 — Bloomberg BNA
-
5 Issues Gov't Contractors Need To Know About In 2015
January 7, 2015 — Law360
-
Air Force Ordered to Pay Phone Contractor's Atty Fees
June 20, 2012 — Government Contracts Law360, Quoted
-
Undocumented Medicaid Claims Don't Violate FCA: DC Circ.
May 17, 2012 — Government Contracts Law360, Quoted
-
Xe Whistleblowers Tell 4th Circ. Omission Of Proof Sank Case
May 1, 2012 — Government Contracts Law360, Quoted
Firm News & Announcements