Alston & Bird partners Chris Roux and John Hanover had their article, “Implied False Certification Liability Under the False Claims Act: How the Materiality Standard Offers Protection after Escobar,” published in the Winter 2018 edition of The Construction Lawyer. The article takes an in-depth look at the viability of implied false certification claims under the False Claims Act by examining their use before and after the U.S. Supreme Court’s Escobar decision, the key elements of the decision, and how varying interpretations of the decision apply to the construction industry. Readers interested in how the two-part test announced in Escobar is applied and what constitutes “materiality” in implied false certification liability cases will find the analysis in this article particularly helpful.
Read the full article.
Chris and John are partners in Alston & Bird’s Construction & Government Contracts Group and members of the firm’s A/E/C Industry Investigations and Enforcement Team.