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DAM Contractor's Underbidding Insufficient For FCA Liability

Client Alert | 1 min read | 01.21.05

Affirming summary judgment, the D.C. Circuit in U.S. ex rel. Bettis v. Oderbrecht Contractors (Jan. 11, 2005) held that evidence that a dam contractor (1) underbid, (2) reaffirmed its underbid, and (3) claimed that it would use cost-saving measures it never employed did not permit the conclusion that the contractor fraudulently induced the Army Corps of Engineers to award it the contract. The Court acknowledged that claims submitted for payment under a contract that was fraudulently induced can give rise to civil False Claims Act liability, but found in this case that the contractor's underbid was not a promise that its estimated costs were accurate, only that it would perform the dam work at the unit prices it bid, such that submission of claims for payment under the contract, including claims for equitable adjustments above the contract price, were not false claims.

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Client Alert | 6 min read | 12.22.25

Emerging Legal Issues for Skilled Nursing Facilities in New York: A Year in Review

The regulatory environment for skilled nursing facilities (SNFs) is shifting rapidly, creating challenges and uncertainties for providers across the country—and especially those in New York. While the Trump administration has rolled back federal nurse staffing mandates, state-level requirements remain in full force, and new federal ownership disclosure rules are set to take effect in January 2026. Even as federal enforcement slows, state regulators appear primed to intensify oversight of nursing home operators by enhancing Certificate of Need (CON) review processes....