Client Alerts & Publications
Supreme Court Rules On Contractors False Claims Liability
Published Date: June 1, 2016
On June 16, 2016, the United States Supreme Court in a unanimous opinion held that, under certain circumstances, a contractor can be liable for False Claims Act (“FCA”) violations under the implied certification theory. Universal Health Services, Inc. v. United States and Massachusetts ex rel. Escobar and Correa, No. 15-7, 579 U.S. ___ (2016). The FCA prohibits, among other things, [...] Read More
Florida Strengthens Its Anticorruption Laws To Target Dishonest Contractors
Published Date: May 2, 2016
On March 25, 2016, the Governor of Florida signed into law an anti-corruption bill, HB 7071, which allows prosecutors to bring charges more easily when they allege bribery, bid rigging and official misconduct. By amending portions of Chapter 838, Fla. Stats., the new anti-corruption bill expands accountability to the employees and officers of companies that pay bribes or offer rewards [...] Read More
A Little Corporate Housekeeping Can Help Avoid a Big Mess
Published Date: May 1, 2016
Now that tax season is over, and we’ve finally caught a breath after filing our tax returns in a timely fashion, it is a good time to consider some corporate housekeeping tips that will help keep intact the limitation of liability that corporate entities provide to their shareholders. While not necessarily the first item on the agenda of an executive [...] Read More
D.C. Circuit Affirms Wage Law for Private Projects on Public Land
Published Date: April 1, 2016
CityCenterDC is a mixed-use development project in the District of Columbia that is located on land owned by the District but leased to private developers. The private developers are funding the construction of CityCenterDC and have entered into construction contracts to build the Project. Those contracts did not contain a requirement for contractors to pay prevailing wages to all workers [...] Read More
Federal Court Vacates FHWA’s 2012 Clarification Under Buy America
Published Date: March 1, 2016
As a result of litigation in the United States District Court for the District of Columbia, the Federal Highway Administration (“FHWA”) has cancelled its December 21, 2012 memorandum regarding the application of FHWA’s Buy America requirements to manufactured products. The memorandum had provided a clear standard for determining when manufactured products are subject to Buy America. With the cancellation of [...] Read More