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Application of the Spearin Doctrine Entitles Contractor to Recover FCA Litigation Costs

Client Alert | 1 min read | 02.07.20

In Tolliver Group, Inc v. U.S. (Jan. 22, 2020), the Court of Federal Claims granted summary judgment in favor of a contractor who sought reimbursement of legal fees incurred in successfully defending against a False Claims Act (FCA) suit filed by a relator. The qui tam action arose from a defect in the original contract—the government was contractually obligated to provide certain technical data that it could not provide and the contractor was required to certify that its performance was in compliance with the technical data. 

After the Fourth Circuit affirmed the dismissal of the FCA suit, the contractor submitted a claim to recover a portion of its legal fees, which the contracting officer denied. The Court of Federal Claims ruled in favor of the contractor under the Spearin doctrine, which provides that if the government supplies defective specifications, then a contractor may recover costs flowing from the government’s breach of the implied warranty that satisfactory performance will result from adherence to the contract specifications. One exception to the Spearin doctrine is that the warranty does not extend to third-party claims. However, the court held that a qui tam suit is not an excepted third-party claim, because “in qui tam litigation ‘it is the government, not the individual relator, who is the real plaintiff in the suit.’” The Tolliver decision illuminates a new basis for recovery of litigation costs after defending against qui tam actions.

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Client Alert | 6 min read | 04.18.25

Ready To Know Your Data? DOJ Issues Implementation and Enforcement Guidance for Data Security Program Protecting Bulk Sensitive Data

On April 11, 2025, the U.S. Department of Justice (DOJ) issued guidance regarding the implementation and enforcement of the newly enacted final rule, “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons,” now referred to as the Data Security Program (DSP). The release included an Implementation and Enforcement Policy, a Compliance Guide, and Frequently Asked Questions (FAQs). Collectively, these documents are designed to help entities subject to the DSP understand and comply with the obligations set out under the Final Rule....