"Collective Knowledge" Rejected
Client Alert | less than 1 min read | 12.07.10
In U.S. v. Science Applications Int'l Corp., the D.C. Circuit concluded that the government cannot use "collective knowledge" jury instructions to prove that a corporation violated the False Claims Act because it would allow FCA liability without the level of knowledge required by the statute – i.e., that the corporation's employees acted in deliberate ignorance or reckless disregard of the truth or falsity of its claims. A collective knowledge instruction improperly allows the government "to prove scienter by piecing together scraps of innocent knowledge held by various corporate officials."
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.”
Client Alert | 3 min read | 09.15.26
Client Alert | 7 min read | 09.14.26
AI in Life Sciences: Ten Legal Considerations and Risks of AI Use in Drug Discovery and Development
Client Alert | 6 min read | 09.14.26
Mental Health Parity Bulletin Restates Best Practices for Evaluating Compliance
