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The Department of Justice (“DOJ”) recently announced a new Civil Cyber-Fraud Initiative (the “Initiative”) that will use the False Claim Act (“FCA”) to pursue contractors and grant recipients that knowingly (1) provide deficient cybersecurity products or services, (2) misrepresent their cybersecurity practices or protocols, or (3) violate obligations to monitor and report cybersecurity incidents and breaches.

On October 15, 2021, the FAR Council published a Federal Register Notice announcing the opening of a public comment period on potential amendments to the Federal Acquisition Regulation to address climate-related financial risks.

On September 13, 2021, the Department of Justice (“DOJ”) intervened in a False Claims Act (“FCA”) suit alleging that a health insurer defrauded the government by submitting false patient data to wrongfully inflate payments under the Medicare Advantage program.

On May 20, 2021, President Biden issued an Executive Order on Climate-Related Financial Risks (the “Executive Order”), which we have summarized here.

It was only a matter of time. On January 12, 2021, the Department of Justice (“DOJ”) announced that it had reached its first civil settlement regarding allegations of fraud related to the Paycheck Protection Program (“PPP”).

Scrutiny into Paycheck Protection Program Loans Intensifies — Attracts SEC Attention

On April 1, 2020, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision holding that a qui tam relator in a False Claims Act (“FCA”) action failed to file its complaint alleging Small Business Administration (“SBA”) loan fraud within the required statute of limitations.

The COVID-19 pandemic has caused enormous pain and financial harm and it will take months, or even years, before we know its full impact.