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Government In Jurisdictional Pickle Over Reverse-False-Claims Action For Unpaid Customs Duties

Client Alert | 1 min read | 06.20.06

The U.S Court of International Trade (CIT), in U.S. v. Universal Fruits & Vegetables Corp. (May 25, 2006), has dismissed for lack of jurisdiction the government's False Claims Act (FCA) lawsuit alleging that defendants who falsified country-of-origin information to avoid customs duties incurred treble damages and civil penalties by knowingly making false statements to decrease an obligation to pay money to the U.S.  Because the case was at the CIT only because the Ninth Circuit had previously ruled that the forum originally chosen by the government, i.e., the federal district court for the Central District of California, lacked jurisdiction over this customs-related matter, the government now appears to be left without a forum, unless it appeals the CIT's decision to the Federal Circuit, in which case a conflict of circuits could result, with the Supreme Court eventually being asked to determine the jurisdictional fate of the government's potentially lucrative "reverse-false-claims" theory. 

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Client Alert | 1 min read | 05.05.25

DoD Releases IP Guidebook

On May 1, 2025, the Department of Defense announced the release of the long-anticipated 81-page Intellectual Property Guidebook for DoD Acquisition, which is aimed primarily at assisting acquisition professionals to develop, execute, and manage IP strategies that support functional area requirements and objectives across program life cycles. The Guidebook also provides guidance on the implementation of IP laws and regulations, describes operational challenges related to IP, and promotes industry partnerships. Crowell will provide more details regarding the Guidebook and its potential impacts in the coming days....