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DOJ Reports $3.7B Haul in FY 2017 FCA Recoveries

Client Alert | 1 min read | 12.26.17

On December 21, 2017, the Department of Justice reported that it recovered more than $3.7 billion in settlements and judgments from civil False Claims Act (FCA) cases in Fiscal Year 2017. The FY 2017 recovery is the fourth largest total in thirty years. At the industry level, DOJ reported $2.47B in recoveries from the health care sector, $220M from defense companies, and approximately $1B from the remaining industries such as banking, higher education, and energy.

The change in presidential administration appears to have had little effect on FCA activity. The number of new FCA actions in FY 2017 remained high with relators bringing 674 new qui tam matters and DOJ initiating 125 matters on its own. These numbers are consistent with the prior five years and suggests that FCA will remain an active area for investigations and litigation in 2018.

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Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....