This class is eligible for CLE Passport use. You will be able to select the CLE Passport as your payment method for no additional cost when registering for this course.
Credits: 2.0 General Credit Hours
Series Description: Designed for attorneys involved with government contractors, this three-part series delivers essential insights into critical areas of federal contracting law. The series begins with a deep dive into the Federal Acquisition Regulation (FAR), equipping practitioners with a comprehensive understanding of its requirements and ethical obligations. The second class in the series explores the False Claims Act (FCA), detailing key enforcement trends, compliance risks, and defense strategies against government and qui tam actions. The series concludes with an examination of the unique complexities of mergers and acquisitions in the D.C. Metro’s thriving GovCon industry, offering practical strategies for navigating transactions successfully. Together, these classes provide invaluable knowledge for attorneys working in the dynamic field of government contracting.
Class Description: The False Claims Act (FCA), codified at 31 U.S.C. §§ 3729 – 3733, is the federal government’s most powerful tool for combating fraud against government programs. Over the past decade, FCA cases have surged, with record-breaking recoveries totaling over $62 billion since 1986 and annual recoveries exceeding $2 billion since 2009. This comprehensive class offers an in-depth look at the civil False Claims Act, making it indispensable for attorneys navigating FCA-related matters. During this class, our expert faculty provides a basic understanding of the civil False Claims Act, describes false claims, offers strategies for detecting false claims, and explains how to defend against FCA actions brought by the federal government or private parties known as qui tam relators. The following are among the key concepts of the FCA the panel discusses:
- Elements of liability
- Statute of limitations
- Qui tam provisions
- First-to-file bar
- Public disclosure bar
- Potential damages
- Recent cases and DOJ guidance
By the end of the class, those who attend will be able to recognize false claims and distinguish “garden variety” statutory, regulatory, and contractual violations that do not serve as a basis for FCA liability. Those who attend will also be able to better identify work that potentially triggers FCA liability and understand defenses to FCA actions. The class will include discussion of recent FCA case law and Department of Justice guidance for prosecuting FCA actions.
Those interested in attending this class may also be interested in attending FAR 101: Ethical Standards in Federal Government Contracts 2025 (On-Demand) and Government Contracting M&A: Tips for a Successful Close 2025 (On-Demand).
Faculty:
Cormac T. Connor, Husch Blackwell LLP
Todd M. Garland, Haynes and Boone LLP
Elizabeth N. Jochum, Blank Rome LLP
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