Federal Contracting Fundamentals: The FCA, the FAR, and Escobar—How the False Claims Act Impacts HR

This foundational webinar series is designed to guide HR professionals, procurement officials, and employment counsel through fundamental compliance topics and risks that arise when an organization seeks to become a federal contractor or subcontractor. In this third installment, the speakers will explore how the False Claims Act (FCA) can expose companies involved in federal contracts to significant liability, particularly through HR functions. They will discuss how FAR certifications, representations, and flow-down clauses can lead to FCA claims, and examine the impact of the Supreme Court’s decision in Escobar on liability, focusing on materiality and the “implied false certification” theory. The discussion will also cover HR’s role in whistleblower complaints, internal investigations, mandatory disclosures, and anti-retaliation protections. Finally, the webinar will offer tips to reduce FCA exposure through effective compliance programs, training, and documentation.