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Infrastructure 2020 & Beyond: Webinar Series

Client Alert | 2 min read | 08.19.20

Rebuilding America’s aging and technologically challenged infrastructure is increasingly seen as an imperative. The need to invest in and mobilize resources for critical infrastructure projects has become an ever greater priority given the role project development can play in lifting the U.S. economy in dire times.

Congress and the Administration are actively exploring various forms of infrastructure-related stimulus and associated legislation. We are closely monitoring, and are in regular contact with key officials who are driving the efforts. We are also working with companies focused on impacting the contours of such funding avenues and enabling legislation. Drawing upon our market-leading status in government contracting, we are also assisting clients to position themselves to be on the front end of the coming wave of infrastructure projects.

There are many moving pieces looming in the infrastructure space, with crucial questions to be answered. Among them:

  • What infrastructure line items are likely to appear in forthcoming legislation?
  • Who will be the major players in driving legislation development, negotiations, and enactment?
  • Which industry sectors stand most to gain, or lose, depending on the outcomes?
  • How will the specifics of COVID-19 experience drive project development and the formulation of new law?
  • What does infrastructure even mean in our digital age?
  • How can and will defense sectors, and government contracting agencies, participate?
  • What regulatory, court, and arbitral litigation will fall out of these legislative and development efforts, and how will savvy businesses prepare?

With all this swirling, we are pleased to offer a webinar series focused on both the immediate opportunities associated with government stimulus and the broader set of strategic issues for companies focused on not being left behind in the coming wave of infrastructure projects in this rapidly evolving landscape.

The first program in the series will be a workshop-style brainstorming session, to make sure a broad set of perspectives is explored.

Click here to register for the first webinar in the series, "Infrastructure Stimulus Panel: How to prepare for, and influence, the extent, scope and funding of US infrastructure projects," on September 10, 2020.

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Client Alert | 5 min read | 12.12.25

Eleventh Circuit Hears Argument on False Claims Act Qui Tam Constitutionality

On the morning of December 12, 2025, the Eleventh Circuit heard argument in United States ex rel. Zafirov v. Florida Medical Associates, LLC, et al., No. 24-13581 (11th Cir. 2025). This case concerns the constitutionality of the False Claims Act (FCA) qui tam provisions and a groundbreaking September 2024 opinion in which the United States District Court for the Middle District of Florida held that the FCA’s qui tam provisions were unconstitutional under Article II. See United States ex rel. Zafirov v. Fla. Med. Assocs., LLC, 751 F. Supp. 3d 1293 (M.D. Fla. 2024). That decision, penned by District Judge Kathryn Kimball Mizelle, was the first success story for a legal theory that has been gaining steam ever since Justices Thomas, Barrett, and Kavanaugh indicated they would be willing to consider arguments about the constitutionality of the qui tam provisions in U.S. ex rel. Polansky v. Exec. Health Res., 599 U.S. 419 (2023). In her opinion, Judge Mizelle held (1) qui tam relators are officers of the U.S. who must be appointed under the Appointments Clause; and (2) historical practice treating qui tam and similar relators as less than “officers” for constitutional purposes was not enough to save the qui tam provisions from the fundamental Article II infirmity the court identified. That ruling was appealed and, after full briefing, including by the government and a bevy of amici, the litigants stepped up to the plate this morning for oral argument....

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