Katherine Arnold

Katherine Arnold

Dorsey & Whitney LLP

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Latest Publications


First Circuit Rejects Fraud-on-the-FDA Theory of FCA Liability

Affirming an earlier order handed down by the United States District Court for the District of Massachusetts, the First Circuit recently denied Plaintiff D’Agostino leave to amend his complaint, finding the proposed claims...more

1/3/2017 - False Claims Act (FCA) False Statements FDA Approval Medical Devices Motion to Amend

District Court Grants Motion to Dismiss Relators’ Claims in One of the First Post-Escobar Decisions

The District Court for the Eastern District of Washington recently granted the defendants’ Motion to Dismiss relators’ claims in a consolidated False Claims Act lawsuit against Monaco Enterprises, Inc. (“MEI”). MEI provides...more

7/13/2016 - Conditions of Payment False Claims Act (FCA) False Implied Certification Theory Implied Certification Material Misrepresentation Motion to Dismiss Relators Universal Health Services Inc v United States ex rel Escobar

Dorsey Anti-Corruption Digest - April 2016

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. In this digest, we draw together news of enforcement activity throughout the world and aim to reduce your information overload. Our London, Minneapolis, New York...more

4/28/2016 - Alstom Anti-Corruption Avon Brazil Bribery Compliance Cooperation Deferred Prosecution Agreements DOJ Egypt Enforcement Actions FCPA Federal Pilot Programs Federal Sentencing Guidelines Kuwait Novartis Remediation SEC Self-Reporting Serbia Serious Fraud Office Turkey UK Voluntary Disclosure Wells Fargo White Collar Crimes

DOJ Foreshadows Future Certification Requirement for Businesses to Receive Cooperation Credit

Last fall, Deputy Attorney General Sally Yates announced (Yates memo) that the DOJ would require businesses to share all relevant facts about individuals when disclosing misconduct to be entitled to cooperation credit. The...more

2/18/2016 - Certifications Cooperation Corporate Crimes DOJ Professional Misconduct SEC Self-Disclosure Requirements Yates Memorandum

CMS Finalizes Rule Requiring Healthcare Providers to Return Overpayments

On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) published its final rule regulating how healthcare providers must report and return overpayments. This rule implements the Affordable Care Act’s...more

2/15/2016 - 60-Day Rule Affordable Care Act CMS False Claims Act (FCA) Final Rules Medicare Overpayment

Nashville Pharmacy Services, LLC Settles FCA Allegations

Last week the Department Of Justice announced a settlement agreement with Nashville Pharmacy Services, LLC (“NPS”) and NPS majority owner Kevin Hartman. Under the agreement, NPS and Mr. Hartman will pay up to $7.8 million to...more

1/11/2016 - Anti-Retaliation Provisions DOJ False Claims Act (FCA) Healthcare Fraud Qui Tam Relators Settlement Agreements State False Claims Acts

Dorsey Anti-Corruption Digest - October 2015

Welcome to Dorsey & Whitney’s monthly Anti-Corruption Digest. In this digest, we draw together news of enforcement activity throughout the world and aim to reduce your information overload. Our London, Minneapolis, New York...more

11/2/2015 - Bribery Bristol-Myers Squibb Broken Windows China Corporate Officers Corruption DOJ Enforcement Actions FCPA Government Investigations Hitachi Ireland SEC Siemens Whistleblower Protection Policies Yates Memorandum

Dialysis Provider Settles Whistleblower Lawsuit for $450 Million

The Department of Justice and dialysis provider DaVita Healthcare Partners recently finalized a $450 million agreement settling claims that the company intentionally inflated Medicare billings. The parties had filed a joint...more

7/10/2015 - Abusive Discovery Strategies DOJ Evidence False Billing False Claims Act (FCA) Fraud Health Care Providers Medicare Sanctions Settlement Whistleblowers Witness Tampering

Halliburton: Assessing its Impact on Securities Class Actions

On June 23, the U.S. Supreme Court announced its decision in Halliburton Co. v. Erica P. John Fund, Inc., declining to overrule the holding in Basic Inc. v. Levinson, 485 U.S. 224 (1988), which allows investors in...more

6/27/2014 - Basic v Levinson Class Certification Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Popular Presumption of Reliance SCOTUS Securities Fraud

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