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  3. |The Times They Are A’Changing – Or Are They? DOJ Announces It Will Move To Dismiss Qui Tam Complaints That Lack Merit

The Times They Are A’Changing – Or Are They? DOJ Announces It Will Move To Dismiss Qui Tam Complaints That Lack Merit

Client Alert | 1 min read | 11.13.17

After months of signaling that a change to the Department of Justice’s qui tam practices was imminent, Michael Granston, Director of the Civil Fraud Section, announced the change during a presentation at the Health Care Compliance Association’s Health Care Enforcement Compliance Institute on October 30. The Department of Justice will now move to dismiss a qui tam complaint when it concludes that it lacks merit. Although announced as a means of conserving judicial and litigant resources, we also wonder if the apparent change is spurred by a concern over the creation of bad law under Escobar’s materiality standard is a driving force behind this decision. Given that DOJ rarely exercises its statutory authority to move to dismiss a qui tam complaint, it should not be difficult to ascertain whether DOJ’s announcement is, in fact, a sign of a real shift in its enforcement tactics.

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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....

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