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August 1, 2023

Ep. 2.07: Is the False Claims Act Unconstitutional?

Podcast: Bona Fide Needs

While the government contracting community had its eyes on the Supreme Court’s consideration of the False Claims Act’s scienter element, the Justices issued another decision that could have an even more significant impact on the fraud law. In this episode of Bona Fide Needs, Pub K Group Managing Editor Bill Olver speaks with Arnold & Porter Partners Tirzah Lollar and Christian Sheehan about the court’s decision in Polansky, as well as some provocative comments in a dissent by Justice Clarence Thomas.

Also in this episode, Bill breaks down recent developments involving the Schutte and Proctor False Claims Act decisions, the Department of Defense’s Other Transactions guidance, the White House’s plan to implement the National Cybersecurity Strategy, and an important D.C. District Court decision that could alter the way the Small Business Administration calculates total revenues for the purposes of small business set-aside programs.

© Arnold & Porter Kaye Scholer LLP 2023 All Rights Reserved. This podcast is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.