Government Contracts and FCA in 2023: Key Cases and Future Outlook

Kara Daniels, chair of the Government Contracts & National Security practice, and Tirzah Lollar, co-chair of the False Claims Act practice, were featured in Law360's midyear government contracts coverage, where they provided insights on the top cases thus far in 2023 and highlighted upcoming cases to prepare for through the remainder of the year.

Daniels discussed recent rulings by the U.S. Court of Appeals for the Federal Circuit that clarify statutory standing issues should be decided on their merits rather than serving as jurisdictional barriers. She also shared insights into an anticipated ruling by the Federal Circuit on whether the sum certain requirement in the FAR definition of claim is a procedural claims processing requirement (instead of a jurisdictional requirement) in the pending appeal of ECC International Constructors LLC v. Secretary of the Army, Fed. Cir. No. 21-2323.

Lollar noted that the recent U.S. Supreme Court's False Claim Act (FCA) rulings could lead to an increase in defendants raising constitutional challenges in FCA cases, with potential implications for qui tam provisions. These rulings could significantly impact the FCA, as whistleblowers bring the majority of FCA cases.

»Read "Top Government Contracts Cases Of 2023: Midyear Review" (subscription required).
»Read "Gov't Contracts Cases To Watch In 2023's Second Half" (subscription required).