We summarize below some of the most significant cartel enforcement developments from U.S. and other antitrust enforcers, including policy shifts, investigations, case filings, and court rulings. This report summarizes...more
3/19/2019
/ Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Guilty Pleas ,
Italy ,
Japan ,
Libor ,
No-Poaching ,
Popular ,
Sports
On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more
After waiting over a year to hear what the Fourth Circuit would say about statistical sampling in False Claims Act cases, the court of appeals recently chose to keep us in suspense. Despite initially granting the relators’...more
In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and...more
This week, the D.C. Circuit added to the post-Escobar, materiality jurisprudence with its opinion in United States ex rel. McBride v. Halliburton Co., No. 15-7144 (Feb. 17, 2017). In its decision, the court affirmed the...more
On June 16, 2016, a unanimous Supreme Court blessed the implied false certification theory of False Claims Act (FCA) liability, resolving a circuit split on the theory’s legitimacy. The Court held that implied certification...more
6/20/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Medicaid ,
Qui Tam ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
Last month, in U.S. ex rel. Drakeford v. Tuomey, No. 13-2219, (4th Cir. July 2, 2015), the Fourth Circuit affirmed a False Claims Act verdict against a nonprofit hospital in Sumter, South Carolina. In an area of the law where...more
8/24/2015
/ Compensatory Damages ,
Eighth Amendment ,
Excessive Fees ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Hospitals ,
Physician Medicare Reimbursements ,
Physicians ,
Punitive Damages ,
Relators ,
Stark Law ,
Tuomey
On December 19, 2014, the White House Office of Management and Budget (OMB) and 28 federal agencies published in the Federal Register a consolidated interim final rule to implement OMB’s December 2013 final guidance on...more
In This Issue:
- Recent Trends in FCPA Enforcement – First Half of 2014
- Ukraine/Russia–Related Sanctions
- New Executive Order Places Additional Reporting Obligations on Government Contractors and...more
10/14/2014
/ China ,
Emerging Technology Companies ,
Enforcement Actions ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
Reporting Requirements ,
Russia ,
Sanctions ,
Suspensions & Debarments ,
Ukraine ,
World Bank
On June 26, 2014, the World Bank’s Office of Suspension and Debarment (OSD) released its public report covering sanctions arising from World Bank-financed projects during OSD’s first six years of operation. The report...more
In the final days of 2013, the White House Office of Management and Budget (OMB) released for publication long-awaited final guidance on administrative requirements, cost principles and audit requirements pertaining to...more