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Articles by Amba Datta
DoD Proposes New Rules Requiring Disclosure Of Foreign Access To Software Code
SJ Steptoe LLP More In more than 100 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and professional staff across the US, Europe and Asia.
First To File: Issue 15
In this issue... Lawyers are reminded that their parts in a kickback scheme can end them in prison. FCA Amendments propose weakening the Escobar ruling from 2016. The meaning of Contracts is not as broad as an FCA Relator would like, meaning Defendant narrowly avoided the presumed loss rule. Treble Damages of $3 million plus are not excessive, and a non-profit must pay. United States v. Bennett, No. 6:22-cr-00022 (E.D. Tex.
Final Build America, Buy America Guidance Published
On August 23, 2023, the Office of Management and Budget (OMB) published its final guidance implementing the Build America, Buy America (BABA) preference, which requires that all of the iron, steel, manufactured products, and construction materials used in infrastructure projects receiving federal financial assistance be "produced in the United States." Here are the most significant takeaways between the initial April 2022 guidance and final August 2023 guidance: The final guidance provides a...
Sustainable Products And Services Proposed Rule
On August 1, 2023, the Biden Administration aimed at ensuring that the federal government prioritizes the procurement of sustainable products and services. Interested parties have until October 2, 2023 to submit comments.
First To File: Issue 14
In this issue: Supreme Court holds that the government may intervene in an FCA case and file a motion to dismiss any time "good cause" is shown, even if it initially declined to intervene and notwithstanding the relator's objection. New York doctor fails to allege sufficient particularity to nab his former boss for re-using single-use medication vials. Dismissal of HUD fraud shows the continued importance of causation in FCA claims.
First to File: Issue 14
In this issue: Supreme Court holds that the government may intervene in an FCA case and file a motion to dismiss any time “good cause” is shown, even if it initially declined to intervene and notwithstanding the relator’s objection. New York doctor fails to allege sufficient particularity to nab his former boss for re-using single-use medication vials. Dismissal of HUD fraud shows the continued importance of causation in FCA claims.
No TikTok On Government And Contractor Devices
On June 2, 2023, a new Federal Acquisition Regulation (FAR) rule, implementing the No TikTok on Government Devices Act, was published in the Federal Register effective immediately.
Anna Menzel
Anna Menzel represents clients in matters arising from contracting with the government, including protesters and intervenors in bid protests at the Government Accountability Office and the Court of Federal Claims, contract disputes and claims, and compliance with US federal and state procurement regulations.
First To File: Issue 12
In this issue: Connecticut USAO successfully argues for an eight-year sentence for false claims of a defendant's safety supplies and cleaning services post-COVID The Sixth Circuit holds that remuneration only includes payments, and Anti-Kickback Statute (AKS) violations must be a but-for cause of false claims, limiting the reach of AKS-based FCA claims Oral argument in SuperValu indicates that "objectively reasonable" may be objectively dead-on-arrival Ghost Cleaner Sentenced to Eight Years,...
First to File: Issue 10
In this issue: The Department of Justice (DOJ) releases its civil fraud enforcement statistics for FY2022 A California court pauses relator's qui tam suit until parallel criminal proceedings are resolved A New York apparel importer settles a civil suit for $1.3 million Two significant public disclosure decisions in New York and Florida Despite Reduction in FCA Recoveries in 2022, DOJ Announces its Second-Highest Number of Settlements and Judgments The DOJ released its annual statistical...
First to File: Issue 5
In this issue: A settlement involving a construction company that improperly claimed credit for using disadvantaged business entities on federally-funded New Jersey construction contracts that did not actually perform the work. An Anti-Kickback Statute case where the district court denied defendant’s motion to compel certain Medicare claims data and rejected the “benefit of the bargain” approach to damages for AKS-tainted Medicare claims.
First to File: Issue 3
Time for another update… The United States Asserts Its Position on Rule 9(b) Before Supreme Court in Response to Owsley Cert Petition The Solicitor General’s office has once again expressed its view that the Supreme Court should deny a petition for a writ of certiorari requesting that the Court clarify the pleading standard – specifically the level of particularity required under Federal Rule of Civil Procedure 9(b) – to plead a claim under the False Claims Act (FCA).
First to File: Issue 2 (The week of Sept. 5-9, 2022)
Judicial Decisions United States ex rel. Mackillop v. Grand Canyon Education, Inc., et al., 2022 WL 4084444 (D.
Federal Contractor Vaccine Mandate Uncertainty: Where The Mandate Stands And Current Considerations For Contractors And Subcontractors
United States: Federal Contractor Vaccine Mandate Uncertainty: Where The Mandate Stands And Current Considerations For Contractors And Subcontractors 21 December 2021 by David Hickey and Amba Datta Kelley Drye & Warren LLP To print this article, all you need is to be registered or login on Mondaq.com. The federal contractor vaccine rollout continues to present thorny issues for federal contractors.
Uncertainty with the Federal Contractor Vaccine Mandate | JD Supra
Where the Mandate Stands and Current Considerations for Contractors and Subcontractors The federal contractor vaccine rollout continues to present thorny issues for federal contractors. President Biden issued Executive Order (“E.O.”) 14042 in early September 2021, requiring federal contractor employees to get vaccinated against COVID-19.
Federal Contractor Vaccine Mandate Uncertainty: Where the Mandate Stands and Current Considerations for Contractors and Subcontractors | JD Supra
The federal contractor vaccine rollout continues to present thorny issues for federal contractors. President Biden issued Executive Order (“E.O.”) 14042 in early September 2021, requiring federal contractor employees to get vaccinated against COVID-19. The E.O. was followed by guidance issued by the Safer Federal Workforce Task Force (“Task Force”) in late September 2021, which has been frequently updated in the months since.
Uncertainty with the Federal Contractor Vaccine Mandate
Where the Mandate Stands and Current Considerations for Contractors and Subcontractors The federal contractor vaccine rollout continues to present thorny issues for federal contractors. President Biden issued Executive Order (“E.O.”) 14042 in early September 2021, requiring federal contractor employees to get vaccinated against COVID-19.
Top 10 Takeaways from Federal Contractor and Subcontractor Vaccine Mandate | JD Supra
On September 9, 2021, President Biden issued two Executive Orders requiring federal employees and federal contractor employees to get vaccinated against COVID-19.
UPDATED: COVID-19 “Essential Services” or “Critical Infrastructure” and Navigating Compliance with State Stay-at-Home Orders | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 “Essential Services” or “Critical Infrastructure” and Navigating Compliance with State Stay-at-Home Orders | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 and the Defense Production Act: What Does it Mean for Government Contractors and Suppliers? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Core Professor Gray Inspired Students
As a young professor in Columbia's Department of English and Comparative Literature, Wallace Gray could never walk across the Columbia campus in less than 25 minutes because his students always stopped to talk to him. When student protesters took over Hamilton Hall in 1968, all classes were stopped from meeting except for Gray's because his students threw his books down to him so he could teach on the lawn.
Department of Defense Releases Version 1 of the Cybersecurity Maturity Model Certification Framework: What Should Defense Contractors, Subcontractors, and Suppliers Consider as CMMC Implementation Begins? | Kelley Drye & Warren LLP - JDSupra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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