Top 5 Gov't Contracts Cases of 2019
There were a number of important rulings for federal contractors in 2019, from U.S. Supreme Court decisions clarifying the limits of the Freedom of Information Act and False Claims Act, to a first-of-its-kind decision confirming that cybersecurity violations can back FCA liability.
Here are the five most prominent cases that have made an impact on government contracting law this year:
Supreme Court Extends Qui Tam FCA Suit Time Limit to 10 Years
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Although dealing with a fairly narrow issue, it is noteworthy any time an FCA case makes it to the high court, said Blank Rome LLP government contracts practice group co-chair Justin Chiarodo. And Cochise does open up the possibility of more “long-lingering” cases being pursued by relators — assuming they can make it past other impediments, like the FCA’s first-to-file and public disclosure bars, he noted.
Also, for contractors whose document retention policies extend beyond government requirements, Cochise may also cause them to reconsider, as doing so may only aid a relator's case in such circumstances, Chiarodo noted.
“Contractors that don’t have to keep paper around, but do it, may actually be putting themselves at increased risk,” he said. “One reading of this is that it really should focus contractors on setting and following a document retention policy that doesn’t keep things around forever.”
"Top 5 Gov't Contracts Cases of 2019," by Daniel Wilson was published in Law360 on December 19, 2019.