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Federal Government Contractors Receive Big Win Against Executive Order

Earlier this week, government contractors won a significant battle when a federal court in Texas ruled that President Obama overstepped his authority and enjoined the implementation of the majority of the burdensome “Fair Pay...more

Statements Regarding Title IV Compliance Can Provide Basis for “Implied Certification” Theory

Title IV’s incentive compensation ban (“ICB”) prohibits higher education institutions from paying bonuses or commissions to student recruiters. In a recent decision, the U.S. District Court for the Northern District of...more

New Jersey Proposes Transparency Law for Whistleblower Settlements

The New Jersey State Legislature has proposed a new bill (A-4243) that would require the State or its entities to publicly disclose the details of settlement agreements under its whistleblower protection law, the...more

Obesity and the Americans With Disabilities Act

Earlier this week, the Supreme Court denied a petition for review from a case holding that morbid obesity, without an underlying physiological condition, is not a “disability” under The Americans With Disabilities Act (ADA)....more

Hospice Care Eligible Patient Certification is a “Condition of Payment” Under False Claims Act

In order to state a cognizable claim under the False Claims Act (“FCA”) on a false certification theory, a plaintiff must allege that a defendant failed to comply with a federal statute or regulation that was a “condition of...more

White Collar Watch - August 2014

In This Issue: - Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections - Supreme Court to address circuit splits on wartime tolling and first-to-file bar - IRS amends...more

Court of Appeals asked to clarify scope of Dodd-Frank Act whistleblower protections

A federal court of appeals has been asked to clarify the scope of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010’s (“Dodd-Frank” or “Act”) whistleblower protections. Specifically, the court has been...more

White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract...more

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

Supreme Court Asked If State Universities Are Exempt From Claims Under the False Claims Act

A professor at the University of Texas Health Science Center has petitioned the U.S. Supreme Court to determine the standard for imposing liability on state universities (and their related entities, such as hospitals and...more

White Collar Watch - June 2014

In This Issue: - Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual company owner in qui tam action - Alleged illegal recruiting for...more

White Collar Watch

In This Issue: - Federal court unseals rare False Claims Act complaint against home mortgage servicer - Qui tam relators target – and gain access to – internal investigation on ground that attorney-client...more

White Collar Watch - March 2014

In This Issue: - SEC at odds with Siemens over whether whistleblower protections extend to employees who report wrongdoing directly to their companies - Fourth Circuit decision tolling False Claims Act statute...more

White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 -...more

White Collar Watch - January 2014

In This Issue: - SEC’s Dodd-Frank Whistleblower Program Report shows best practices make for an effective compliance and ethics program - In unprecedented move, government seeks to extend the responsible...more

White Collar Watch - July 2013

In This Issue: - Factors in Forfeiture: Eleventh Circuit Rules in Seizure of Rothstein Ponzi Assets - Health Care False Statement Statute Serves as Backstop for Government In Nearly Failed Prosecution -...more

The D.C. Circuit Expands the Scope of Honest-Services Fraud and Illegal-Gratuities Prosecutions in Ring v. United States

The U.S. Court of Appeals for the D.C. Circuit in United States v. Ring recently upheld a conviction under the public sector “honest-services” fraud statute and the “illegal-gratuities” statute. Notably, the court: (1)...more

White Collar Watch - March 2013

In This Issue: - Eleventh Circuit Holds that Production of Foreign Bank Account Records May be Compelled in Criminal Investigation Under Required Records Exception to Fifth Amendment Privilege - Supreme Court...more

Virginia Supreme Court Holds that Individuals May Be Held Personally Liable for Wrongful Discharges

States are beginning to permit wrongful discharge claims against individuals, putting supervisors and managers at risk for personal liability. ...more

11/20/2012
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