Will Supreme Court Address Widening Split on FCA Implied Certification Liability?
Client Alert | less than 1 min read | 08.31.15
On June 5, 2015, defense contractor Triple Canopy filed a petition for writ of certiorari calling on the Supreme Court to address the scope of the implied certification theory of FCA liability. As Crowell & Moring attorneys explain in their Feature Comment published in The Government Contractor (article available here), the Supreme Court will likely address the issue in the near future because of the current circuit split and the outcome-determinative nature of the application of the theory in FCA cases.
Contacts
Insights
Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action
