"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 | 2 min read | 04.16.26
In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief. In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more.
Client Alert | 4 min read | 04.16.26
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