Jenner & Block

2 FCA Defenses Can Address Vague Pandemic-Related Rules, Law360

In this article, Jenner & Block Partner Marc Van Allen urges contractors to consider two False Claims Act defenses when confronting potential FCA claims based on an ambiguous contract or regulatory requirement. “Contractors need to familiarize themselves with two defenses and have them in their arsenal for attacking FCA claims predicated on ambiguous language,” he writes. “First, a number of courts have dismissed such claims for lack of falsity. Alternatively, some courts have dismissed these claims for lack of scienter.”