Brad Robertson

Brad Robertson

Bradley Arant Boult Cummings LLP

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In a Major FIRREA Victory for the Banks, the Second Circuit Overturns $1.27 Billion Jury Verdict

On Monday, the Second Circuit overturned a jury verdict and $1.27 billion penalty against Bank of America imposed under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. § 1833a....more

5/25/2016 - Bank of America Breach of Contract Burden of Proof Countrywide False Claims Act (FCA) Fannie Mae FIRREA Fraud Intent Jury Verdicts Penalties

Second Circuit Rejects Broad Certification as Basis for False Claims Act Liability in Financial Industry

Today, the Second Circuit affirmed the dismissal of False Claims Act (“FCA”) claims against Wells Fargo, finding a general certification of compliance with “any laws or regulations” too broad to support an FCA action and...more

5/6/2016 - Banks False Claims Act (FCA) False-Certification of Conformance Financial Services Industry Wells Fargo Whistleblowers

Sixth Circuit Affirms Dismissal of $2.3 Billion FCA Case Due to Prior Public Disclosure

Last week, in U.S. ex rel. Advocates for Basic Legal Equality, Inc. (ABLE) v. U.S. Bank, the Sixth Circuit affirmed the dismissal of a False Claims Act (FCA) suit against U.S. Bank because the conduct alleged by the qui tam...more

3/23/2016 - Corporate Counsel Fair Housing Act (FHA) False Claims Act (FCA) Foreclosure US Bank Whistleblowers

Ninth Circuit Rejects Whistleblower Argument that Fannie Mae and Freddie Mac are Federal Instrumentalities under the False Claims...

Liability under the False Claims Act (FCA) is premised on the submission of a claim for money or property either to a federal government “officer, employee, or agent” or, under certain circumstances, to a nongovernmental...more

2/29/2016 - Amicus Briefs DOJ False Claims Act (FCA) Fannie Mae Freddie Mac Instrumentality Qui Tam Relators Whistleblowers

CMS Releases Final Rule on 60-Day Requirement to Report and Return Overpayments

On February 12, 2016, the Centers for Medicare and Medicaid Services (CMS) published its long-awaited final rule (the “Final Rule”) governing the requirement that healthcare providers report and return Medicare overpayments...more

2/17/2016 - 60-Day Rule CMS False Claims Act (FCA) Health Care Providers Medicare Part A Medicare Part B Overpayment Recovery Time Limits Reporting Requirements

False Claims Act: 2015 Year in Review

This year continued the trend of aggressive False Claims Act (FCA) enforcement by the Department of Justice (DOJ) and high volumes of qui tam lawsuits brought by whistleblowers. In fiscal year 2015, the DOJ marked the fourth...more

12/22/2015 - Anti-Kickback Statute Certiorari DOJ False Claims Act (FCA) False-Certification of Conformance Federal Contractors First-to-File Implied Certification Public Disclosure Qui Tam SCOTUS Split of Authority Stark Law Whistleblowers

When an Overpayment Becomes a False Claims Act Issue: Explaining the First Judicial Interpretation of the 60-Day Rule

On August 3, 2015, Judge Edgardo Ramos of the United States District Court for the Southern District of New York issued the first judicial opinion addressing when a health care provider has “identified” a Medicare or Medicaid...more

8/14/2015 - 60-Day Rule Affordable Care Act CMS False Claims Act (FCA) FERA Hospitals Intervenors Medicaid Medicare Motion to Dismiss Overpayment Overpayment Recovery Time Limits Qui Tam

False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014...more

1/19/2015 - Bank of America Banking Sector Banks BNP Paribas DOJ Enforcement Actions False Claims Act (FCA) Federal Contractors Health Care Providers Janssen Pharmaceuticals JPMorgan Chase KBR (formerly Kellogg Brown & Root) Qui Tam Settlement Agreements SunTrust US Bank Wartime Suspension of Limitations Act Whistleblower Awards Whistleblowers

2014 – The Health Law Year in Review

Each year brings significant changes and challenges in the laws governing the health care industry, and 2014 proved to be no exception. What the year may have lacked in the high drama that accompanies comprehensive health...more

12/31/2014 - ACOs Affordable Care Act Anti-Kickback Statute CMP Law CMS Cybersecurity Ebola Enforcement Enforcement Actions False Claims Act (FCA) Halbig v Burwell Healthcare Healthcare Reform HIPAA King v Burwell Medicare Shared Savings Program OIG Patient Confidentiality Breaches PHI Popular Stark Law Tax Credits

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

1/15/2014 - Calculation of Damages CMS Compliance DOJ False Claims Act (FCA) Federal Contractors FERA Fines First-to-File Fraud Halliburton Healthcare Medicare Off-Label Use Overpayment Pharmaceutical Industry Physician Medicare Reimbursements Prescription Drugs Public Disclosure Qui Tam Wells Fargo Whistleblowers WSLA

Rakoff Decision Supports Feds’ Broad Application of FIRREA

On August 16, 2013, Judge Jed S. Rakoff of the Southern District of New York issued a ruling in in United States v. Countrywide Financial Corp., No. 12 Civ. 1422, that will likely be relevant to any financial institution...more

8/28/2013 - False Claims Act (FCA) Fannie Mae FIRREA Freddie Mac Loans Mortgages

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