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The Top FCA Decisions of 2015 for Government Contractors

Client Alert | less than 1 min read | 02.16.16

From the Supreme Court’s decision rejecting the applicability of the Wartime Suspension of Limitations Act to several rulings widening the circuit split on the implied certification theory of liability, 2015 saw a number of important False Claims Act case law developments. In a "Feature Comment" published in The Government Contractor, C&M attorneys highlight the top ten decisions from 2015 on key issues—such as damages calculations, original source requirements, statistical sampling, and more—that will shape this ever-active area of litigation in 2016 and beyond.

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Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....