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JAIC Has More Work To Do in Developing Artificial Intelligence Standards, while DoD Components and Contractors Must Implement Security Controls Around Artificial Intelligence, Says DoD OIG

Client Alert | 1 min read | 07.09.20

On July 1, 2020, the Department of Defense (DoD) Office of Inspector General (OIG) published its audit report. The report assessed the DoD Joint Artificial Intelligence Center’s (JAIC) progress in developing an Artificial Intelligence (AI) governance framework and standards, as well as DoD components’ implementation of security controls to protect AI data and technologies from internal and external cyber threats. DoD OIG concluded that the JAIC must do more and ensure consistency with DoD’s adoption of ethical principles for AI (as we previously reported on here), including the following: (1) include a standard definition of AI and regularly, at least annually, consider updating the definition; (2) develop a security classification guide to ensure the consistent protection of AI data; (3) develop a process to accurately account for AI projects; (4) develop capabilities for sharing data; (5) include standards for legal and privacy considerations; and (6) develop a formal strategy for collaboration between the Military Services and DoD Components on similar AI projects. In addition, the DoD OIG found that four DoD components (Army, Marine Corps, Navy, and Air Force) and two contractors failed to implement security controls to protect data used in AI projects and technologies from threats. The DoD OIG therefore directed these DoD components and contractors to: (1) configure their systems to enforce the use of strong passwords, generate system activity reports, or lock after periods of inactivity; (2) review networks and systems for malicious or unusual activity; (3) scan networks for viruses and vulnerabilities; and (4) implement physical security controls, such as AI data. Following this report, contractors should expect to see a biannual AI portfolio review of all DoD components’ AI projects and guidance on legal and privacy standard operating procedures.

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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....

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