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June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among the Circuit courts. But, more importantly, out of concern that the statute be applied too broadly, the Court also explained at length that the “materiality” standard in the statute is a “demanding” one, and set a high bar for the Government and relators to demonstrate materiality of the alleged non-compliance.
December 12, 2016, Law360
Peter Hutt II is quoted in a Law360 article providing a roundup of the most significant government contracts cases of 2016. According to Hutt, "Escobar is the case of the decade. ... [Its] effects will continue to ripple.”
February 29, 2016
WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice.
“Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...
February 29, 2016, Bloomberg BNA
Peter Hutt II and Fred Levy are quoted in this Bloomberg BNA “Big Law Business” article discussing Covington’s growing government contracts practice. Hutt, who has watched the firm’s growth from a distance before joining recently says, “It was an eye opener to everyone in the government contracts space.” Levy, who joined last year, adds, “There continues to be a ...