Host Jonathan Porter welcomes Husch Blackwell attorney Kip Randall to the podcast to discuss the beguiling notion of materiality in the context of False Claims Act litigation. Kip and Jonathan draw from case law to illustrate how courts have construed the materiality standard, including the court’s analysis in a seminal Fourth Circuit case that looked to the essence of what the underlying contract was meant to accomplish and how the contractor was perceived to perform within that context.

Kip and See more +

Host Jonathan Porter welcomes Husch Blackwell attorney Kip Randall to the podcast to discuss the beguiling notion of materiality in the context of False Claims Act litigation. Kip and Jonathan draw from case law to illustrate how courts have construed the materiality standard, including the court’s analysis in a seminal Fourth Circuit case that looked to the essence of what the underlying contract was meant to accomplish and how the contractor was perceived to perform within that context.

Kip and Jonathan then apply the materiality standard to a range of hypothetical scenarios, including disputes concerning novel areas like cybersecurity services. The conversation also dives into the broader concept of materiality and how difficult it is to apply in a standardized way across agencies, providing ample room for defense counsel to aggressively argue materiality issues in FCA litigations. See less -