Congress Clamps Down On OCIs & Competition For DoD Major Systems
Client Alert | 1 min read | 05.26.09
On May 22, 2009, President Obama signed into law the Weapons Systems Acquisition Reform Act of 2009 (S. 454), which, among other things, requires DoD "to ensure competition" on all major defense acquisition programs at the prime contractor and subcontractor levels using measures such as (i) competitive prototyping; (ii) dual-sourcing; (iii) funding of a second source; (iv) utilization of modular, open architectures; and (v) periodic competitions for subsystem upgrades. DoD must also revise the DFARS to address Organizational Conflicts of Interest in procurements for major systems as follows: (i) DoD must generally receive advice on systems architecture and systems engineering matters from federally funded research and development centers or another source that is independent of the prime contractor; and (ii) subject to a few narrow exceptions, contracts for the performance of systems engineering and technical assistance must contain a provision prohibiting the contractor or any affiliate from participating as the prime contractor or major subcontractor for the development or construction of the system.
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Client Alert | 5 min read | 12.12.25
Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality
On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument.
Client Alert | 8 min read | 12.11.25
Director Squires Revamps the Workings of the U.S. Patent Office
Client Alert | 8 min read | 12.10.25
Creativity You Can Use: CJEU Clarifies Copyright for Applied Art
Client Alert | 4 min read | 12.10.25
Federal Court Strikes Down Interior Order Suspending Wind Energy Development
