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ARTICLE · 13 MARCH 2024

The Top FCA Developments Of 2023

Crowell & Moring LLP
Crowell & Moring LLP
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Crowell & Moring LLP

Crowell & Moring LLP

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2023 brought many important False Claims Act developments for companies with business involving government funds.

United StatesGovernment, Public Sector
Brian Tully McLaughlin
Brian Tully McLaughlin
Lyndsay A. Gorton
Lyndsay A. Gorton
Nkechi Kanu
Nkechi Kanu
Payal Nanavati
Payal Nanavati
Neil G. Nandi
Neil G. Nandi
Amanda H. McDowell
Amanda H. McDowell

2023 brought many important False Claims Act developments for companies with business involving government funds. While overall recoveries remained down compared to pre-2022 levels, the total number of settlements and judgments exceeded any prior year. Those settlements and judgments also highlight areas of particular focus for the Government, including cybersecurity compliance, pandemic fraud, and small business fraud, among others. Of particular note, 2023 saw the U.S. Supreme Court issue decisions concerning the Government's authority to dismiss qui tam actions and the critical element of scienter/knowledge that will have wide-reaching impact. The courts of appeals also issued significant decisions on damages, materiality, and more. Crowell attorneys discuss these highlights and others in a "Feature Comment" published in The Government Contractor.

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