False Claims Act Update: The Supreme Court's Recent Two Decisions

False Claims Act Update: The Supreme Court's Recent Two Decisions

July 19, 2023, National Defense Industrial Association and the Coalition for Government Procurement

On July 19, Peter Hutt II and Mike Wagner participated in a panel discussion, presented by the National Defense Industrial Association and the Coalition for Government Procurement, about the two decisions issued by the Supreme Court addressing important questions under the False Claims Act. The panel of False Claims Act experts briefed attendees on the cases and the Court's holdings, including discussions of:

1. What standards did the Court set out in the Supervalu case to assess the "knowledge" element of liability;
2. What new definitions did the Court create concerning the "reckless disregard" and "deliberate ignorance" elements of liability;
3. Whether regulatory ambiguity remains relevant to the determination of knowledge or liability;
4. How will the Court's ruling in the Polansky case affect DOJ's ability to dismiss non-intervened qui tam cases;
5. What signals did the Court send about the constitutionality of the qui tam enforcement regime;
6. What can companies do in light of these decisions to mitigate False Claims Act risk?