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FAQs: Small Business Loans Under the CARES Act

US Congress set to make more than $350 billion available to eligible small business concerns. On March 27, 2020, President Donald J. Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The...more

Private Equity Firm Faces FCA Liability for Portfolio Company’s Alleged Misconduct

DOJ’s intervention against PE firm defendant may signal increased exposure for PE firms under the False Claims Act. Earlier this year, the US Department of Justice (DOJ) sued a private equity (PE) firm in a False Claims...more

Government Gatekeeper? DOJ Memo Encourages Dismissal of Meritless False Claims Act Cases

Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions. On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more

Certifications Under the Trade Agreements Act: 10 Tips to Avoid TAA Traps for the Unwary

On September 3, 2014, U.K.-based medical device maker Smith & Nephew (the ‘‘Company’’) agreed to pay $8.3 million (plus an additional $3 million in attorney’s fees) to resolve a lawsuit filed under the federal civil False...more

First Circuit Liberalizes Tax Deductibility Standard of False Claims Act Settlements

Appellate court affirms $50 million tax refund to FCA defendant, holding that the “economic realities” of settlement payments determine whether they are compensatory. Civil False Claims Act (FCA) settlements, which...more

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