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Court Throws Out Counterclaim That Whistleblower Divulged Confidential Information

A federal judge recently dismissed a company’s counterclaim that it brought against a whistleblower for violating the company’s privacy policy and a confidentiality agreement by providing the government with confidential...more

U.S. Department of Health and Human Services Updates Criteria for Permissive Exclusion Under Section 1128(b)(7) of the Social...

The HHS-OIG issued new guidelines on April 18, 2016 regarding the Secretary's exercise of the Department's permissive exclusion authority pursuant to Section 1128(b)(7) of the Social Security Act. The HHS-OIG's new guidance...more

When Government Walks in Industry’s Shoes, FCA May Not Apply (and Vice Versa)

In November, an Illinois federal judge blocked a former bank employee from collecting his claimed relator’s share of a potential settlement between the FDIC (acting as the bank’s receiver) and the bank’s former directors. In...more

Fourth Circuit Affirms Jury’s Rejection of Advice of Counsel Defense - Shedding Light on the Conditions for Good Faith

The Fourth Circuit recently affirmed a $237 million jury verdict against Tuomey Healthcare System under the False Claims Act (FCA) for claims stemming from Stark Law violations. The Stark Law violations stemmed from part-time...more

White Collar Watch - October 2014

In This Issue: - Government demonstrates willingness to enforce Affordable Care Act provision that could cost providers millions of dollars - Words can come back to haunt you: Boilerplate pleading could lead...more

Whistleblower verdict upheld against Chicago State University

A Cook County judge recently upheld the verdict in a whistleblower case against Chicago State University. In February 2014, former university employee James Crowley told a jury that Chicago State fired him after he reported...more

White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower...more

10/1/2014

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

Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual...

Schuylkill Products case highlights how a whistleblower can put an employer on track to face both criminal and civil proceedings under the False Claims Act....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

Qui tam relators target – and gain access to – internal investigation on ground that attorney-client privilege does not apply

In Brief - A federal district court recently held that documents relating to a government contractor’s internal compliance investigations regarding fraud were not protected by the attorney-client privilege because...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

The true cost of fines: Bills would address tax break for corporate fines

In Brief - Both the U.S. House and Senate are floating proposals to close a loophole that allows tax deductions when there is a question of whether a fine is punitive. - Debate centers on whether the deduction...more

Justice Department sinks ex-Navy engineer’s 15-year kickback scheme

In Brief - Defendant’s sentence includes jail time, restitution of $18 million and a fine. - Case highlights importance of government contractors using compliance programs to identify wrongdoing and avoid...more

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss class action...

In Brief - In a significant ruling on email privacy, the Northern District of California held that Google’s interception and scanning of user emails for the purpose of creating targeted advertisements and user profiles...more

White Collar Watch - October 2013

In This Issue: - Small businesses beware: IRS deploys “big data” to scrutinize cash transactions - Google’s scanning of emails may constitute wiretapping: Federal District Court denies Google’s motion to dismiss...more

White Collar Watch - September 2013

Contents - FDIC filing more suits against officers and directors of failed financial institutions - Third Circuit upholds 12-year prison sentence for former BigLaw associate - Health care executives...more

“Love and Marriage” – New Jersey Supreme Court Poised to Determine Whether the Marital Privilege Can Defeat Wiretap Evidence

In Brief - Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more

White Collar Watch - August 2013

Contents - SEC Changes Course: Some Companies Must Now Admit Wrongdoing - Fifth Circuit’s Recent Dodd-Frank Whistleblower Ruling May Benefit Employers - “Love and Marriage” – New Jersey Supreme Court...more

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