Insights

Washington – June 6, 2024: Crowell & Moring earned 78 rankings for 67 lawyers, as well as 41 national and statewide practice area rankings, in the Chambers USA 2024 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – June 1, 2023: Crowell & Moring earned 82 rankings for 68 lawyers across 48 categories, as well as 37 national and statewide practice area rankings, in the Chambers USA 2023 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

On March 26, 2025, the Department of Justice (DOJ) announced that defense contractor MORSECORP Inc. (MORSE) will pay $4.6 million to settle allegations that MORSE violated the False Claims Act (FCA) by failing to comply with cybersecurity requirements and subsequently submitting false or fraudulent claims for payment in its contracts with the Departments of the Army and Air Force. This is the first FCA settlement that is based on a defense contractor’s failure to reevaluate and promptly update its self-assessment score in the Supplier Performance Risk System (SPRS) after a third-party assessment resulted in a lower score.

FY 2024 saw continued growth in False Claims Act enforcement, with a record year for new qui tam and government-initiated actions, and the highest total recovery in three years. Enforcement of pandemic-related fraud and cybersecurity noncompliance increased, and health care, procurement, and small business fraud violations were again priority areas. A groundbreaking opinion from the District Court for the Middle District of Florida may have teed up a potentially landscape-shifting decision about the viability of the qui tam mechanism in the not too distant future. And a landmark administrative law decision at the U.S. Supreme Court may impact many FCA cases to come. Significant decisions regarding retaliation, excessive fines, the first-to-file rule, and the public disclosure bar were also handed down by courts of appeals. Crowell attorneys discuss these highlights and others in a “Feature Comment” published in The Government Contractor.

Yesterday, less than an hour into the first day of confirmation hearings for attorney general nominee Pam Bondi, Senator Chuck Grassley (R-IA) questioned Bondi on her commitment to defending the constitutionality of the False Claims Act (FCA) if she is confirmed.  Bondi responded that she would “of course” defend the constitutionality of the FCA and that she understands the importance of whistleblowers, the FCA’s protections, and “the money it brings back to our country.”  Senator Grassley’s questioning indicated he was focused on the FCA’s qui tam provisions, as it comes on the heels of U.S. ex rel. Zafirov v. Florida Medical Associates, Inc., -- F.Supp.3d --, 2024 WL 4349242 (M.D. Fla. Sept. 30, 2024), a first-of-its-kind decision from Judge Kathryn Kimball Mizelle, who held that the FCA’s qui tam provisions improperly appoint a relator “an officer of the United States” in violation of the Appointments Clause in Article II of the Constitution, and are therefore unconstitutional.  Senator Grassley appeared to be seeking assurances about Bondi’s willingness to ensure the Department of Justice continues to defend the FCA’s qui tam provisions and commit the resources necessary to do so.

Crowell & Moring is pleased to announce the launch of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our January session is described below. When performing government contracts, contractors frequently experience performance challenges such as delays; increased performance costs attributable to government action; costs resulting from government-initiated contract termination; and costs of remediating certain environmental pollution and toxic tort litigation. Each of these add time or additional expense for which the government may have a legal obligation to pay. Join us as we discuss the process of filings claims and REAs, including a discussion of formal and informal dispute resolution under government contracts. We will provide a CLE certificate of attendance and other materials to use in seeking continuing education credits. Registration begins at 8:00 am.

Crowell & Moring is pleased to announce the launch of our Government Contracts Breakfast Series. All of the sessions will be held in Northern Virginia and focus on issues most important to government contractors. Our second session is described below.

Government spending cuts will mean cuts to your bottom line.  In this time of budget sequestration and programmatic uncertainties, it is more important than ever for contractors to quickly recognize and effectively respond to potentially costly contract changes. Join us for a practical discussion as we guide participants through several types of constructive changes, addressing the critical role for front-line personnel in recognizing changes, methods to ensure notice requirements are met, maintenance of proper documentation, and the use of cross-disciplinary teams to ensure impacts are evaluated correctly.  We will examine the preparation of contract claims and requests for equitable adjustment, as well as techniques to preserve agency relationships while still protecting the company from unjust losses.

Small business regulations and requirements can be perilous for small businesses and large companies alike. From certifications related to small business subcontracting goals to eligibility for set-aside procurements, and much more, civil and even criminal liability looms for those who intentionally break the rules, with the False Claims Act providing treble damages that in some cases can be measured as the entire value of a contract. In this webinar we will discuss enforcement trends and pitfalls for both small and large businesses to guard against.

Please Join Crowell & Moring for a Webinar on COVID-19 and the False Claims Act: What to Expect and How to Defend Investigations, Audits, and Qui Tam Actions in a Post-Pandemic World.

In this episode, Jason Crawford, Brian Tully McLaughlin, and Agustin Orozco explore the issues before the Supreme Court in two consolidated cases involving the False Claims Act. The hosts discuss the April 18 oral argument in Schutte/Proctor where the question before the Justices is whether a defendant’s subjective knowledge about whether its conduct was legal is relevant to whether it “knowingly” submitted false claims.

In this episode, hosts Michael Shaheen and Tully McLaughlin cover part one of a discussion about the Department of Justice’s authority to dismiss qui tam complaints brought by relators.  The podcast: (1) outlines the government’s authority under the statute and the caselaw; (2) discusses how the Department of Justice wields that authority; and (3) describes the false controversy between the Department and Senator Grassley on the scope of that authority. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.

In this episode, host Mana Lombardo and partner Tully McLaughlin discuss the top FCA decisions and developments of 2020 and look ahead to what’s in store in 2021 and beyond. "Let's Talk FCA" is Crowell & Moring’s podcast covering the latest developments with the False Claims Act.