Barbara Taylor is a Special Counsel in the Government Contracts, Investigations & International Trade Practice Group in the firm's Los Angeles office.
We previously reported on the viability of the “implied certification” theory of FCA liability based on oral argument before the Supreme Court in Universal Health Services, Inc. v. U.S. ex rel. Escobar. We concluded that the theory—under which a claim for payment can be false without an express certification, but because the government contractor has not complied with an applicable statute, regulation, or contractual provision—did not appear to be headed for extinction. It turns out we were right.… Continue Reading FCA’s “Implied Certification” Theory Survives