Kirsten Mayer

Kirsten Mayer

Ropes & Gray LLP

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Fifth Circuit Affirms False Claims Act’s Anti-Retaliation Provision Cannot Be Used Against Individuals Who Did Not Employ...

On July 1, 2016, the Fifth Circuit affirmed the district Court’s dismissal of Plaintiff’s False Claims Act (“FCA”) retaliation claim against all individual defendants in the case. In Howell v. Town of Ball, 827 F.3d 515, 521...more

10/19/2016 - Corporate Counsel False Claims Act (FCA) FEMA First Amendment Indictments Municipalities Retaliation Reversal

Fifth Circuit Holds Non-Employee Agent Is Protected by False Claims Act’s Retaliation Provision

On March 9, 2016, the Fifth Circuit issued an important ruling addressing the type of relationship that is required between a relator and a defendant for the relator to have a right to bring a retaliation claim against the...more

10/6/2016 - Employee Definition False Claims Act (FCA) Relators Retaliation

Sixth Circuit Affirms Dismissal of False Claims Act Case Based on HITECH Data Breach

In United States ex rel. Sheldon v. Kettering Health Network, 816 F.3d 399 (6th Cir. 2016), the Sixth Circuit affirmed the lower court’s dismissal of a False Claims Act (“FCA”) suit based on a data breach involving electronic...more

10/5/2016 - Corporate Counsel Data Breach Discrimination Electronic Health Record Incentives False Claims Act (FCA) HIPAA HITECH Kettering Health Network

First Circuit Affirms Stringent Rule 9(b) Particularity Requirement in False Claims Act Cases

On June 17, 2016, the First Circuit issued an opinion addressing, among other things, the particularity requirement that applies in False Claims Act (“FCA”) cases where the defendants are not alleged to have directly...more

10/3/2016 - False Claims Act (FCA) Fraud Genentech Hoffman LaRoche Novartis Off-Label Promotion Qui Tam Rule 9(b) Third-Party

Ninth Circuit Holds that Fannie Mae and Freddie Mac Are Not Agents of the Government Under the False Claims Act

In United States ex rel. Adams v. Aurora Loan Servs., 813 F.3d 1259 (9th Cir. 2016), the Ninth Circuit affirmed the district court’s dismissal of Relators False Claims Act (“FCA”) complaint, holding that the Federal National...more

9/30/2016 - Banking Sector False Claims Act (FCA) Fannie Mae Federal Contractors FHFA Financial Services Industry Freddie Mac GSE Housing Market Mortgage Lenders Mortgage Servicers Mortgages Motion to Dismiss Popular

First Circuit Adopts “Arm of the State” Test to Affirm Dismissal of FCA Complaint

In January 2016 in a matter of first impression, the First Circuit held that the University of Massachusetts Medical School is a state agency, and therefore not a “person” subject to liability in a False Claims Act (“FCA”)...more

9/9/2016 - Dismissals Eleventh Amendment False Claims Act (FCA) First Impression Medicaid Medical School State Action Immunity State Agencies

Fourth Circuit Holds False Claims Act Relators Cannot Use Facts Learned by Their Attorney in a Previous Case to Defeat the FCA’s...

Earlier this year, the Fourth Circuit held in United States ex rel. May v. Purdue Pharma L.P., 811 F.3d 636 (2016) that the a complaint that is “based on” relators’ attorney’s work on a prior dismissed FCA action triggers the...more

9/2/2016 - False Claims Act (FCA) Marketing Pharmaceutical Industry Public Disclosure Res Judicata

Tenth Circuit Holds that the False Claims Act’s Materiality Requirement Has Teeth in Granting Summary Judgment to Government...

On April 22, 2016, in a decision issued before the Supreme Court’s Escobar opinion, the Tenth Circuit addressed the question of what a relator must show to meet the materiality requirement in an implied false...more

8/15/2016 - Afghanistan Black and Veatch False Claims Act (FCA) False Implied Certification Theory Federal Contractors Forgery Materiality Relators Summary Judgment Universal Health Services Inc v United States ex rel Escobar USAID Visas

First Circuit Limits Inference of Pretext for FCA Retaliation Claims

On February 22, 2016, the First Circuit affirmed a grant of summary judgment for pharmaceutical maker GlaxoSmithKline (“GSK”) on a False Claims Act retaliation claim by a former employee. In United States ex rel. Hamrick v....more

8/1/2016 - Burden of Proof False Claims Act (FCA) GlaxoSmithKline Hiring & Firing Qui Tam Retaliation Summary Judgment

Seventh Circuit Clarifies Retroactivity of Part of 2010 Amended Definition of “Original Source” for Purposes of Public Disclosure...

On January 4, 2016, the Seventh Circuit issued an opinion addressing the scope of the public disclosure bar under the False Claims Act (“FCA”). In United States ex rel. Bogine v. Medline Industries, Inc., 809 F.3d 365 (7th...more

6/17/2016 - False Claims Act (FCA) Original Source Public Disclosure Relators Retroactivity

Supreme Court to Clarify Standard for Dismissal of Qui Tam Complaints for Violations of the False Claims Act’s Seal Requirement

On May 31, 2016, the Supreme Court of the United States granted certiorari in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby (No. 15-513) to clarify the standard for sanctioning intentional violations of the...more

6/7/2016 - Certiorari Collective Knowledge False Claims Act (FCA) Government Claims Motion to Dismiss Relators SCOTUS Sealed Records Split of Authority State Farm Fire and Casualty Co v United States ex rel Rigsby

Recent Ninth Circuit En Banc Decision Makes It Easier for Relators to be an Original Source and the First- to-File

On July 7, 2015, the United States Court of Appeals for the Ninth Circuit issued an en banc decision that potentially makes it easier for relators to prevail on pending False Claim Act qui tam suits and bring new actions in...more

7/22/2015 - ALJ Appeals Dismissals En Banc Review False Claims Act (FCA) First-to-File Health Care Providers Healthcare Medical Devices Medicare Public Disclosure Qui Tam Relators

Supreme Court Unanimously Upholds FCA Statute of Limitation Defense and Clarifies Applicability of the First-to-File Bar in KBR...

Tuesday, the Supreme Court of the United States released a unanimous opinion in Kellogg Brown & Root Services Inc. v. United States ex rel. Carter, resolving a pair of open procedural questions that frequently arise in False...more

5/28/2015 - Defense Contracts False Claims Act (FCA) First-to-File Fraudulent Charges KBR (formerly Kellogg Brown & Root) Qui Tam SCOTUS Statute of Limitations WSLA

Eleventh Circuit Clarifies Scope and Effect of the FCA’s Public Disclosure Bar

The Eleventh Circuit has recently issued an opinion clarifying the 2010 amendments to the False Claims Act (“FCA”) and its “public disclosure bar,” which prohibits suits based on information already publicly disclosed. In...more

2/2/2015 - Amended Legislation Anti-Kickback Statute CMP Law False Claims Act (FCA) Health Care Providers Healthcare Hospitals Jurisdiction Public Disclosure

D.C. Circuit Affirms Dismissal of FCA Claims Based on Avoidance of Customs Duties

In United States ex rel. Doe v. Staples, Inc., the Court of Appeals for the District of Columbia Circuit recently affirmed the dismissal of claims alleging that three major office retail suppliers falsely declared to U.S....more

1/13/2015 - Anti-Dumping Duty Appeals China Countervailing Duties Customs and Border Protection Dismissals False Claims Act (FCA) Imports ITC Retailers Staples

Federal Court Dismisses FCA Claims Based on Alleged Customs Violations

In United States ex rel. Customs Fraud Investigations, LLC v. Victaulic Co., a federal court in the Eastern District of Pennsylvania recently dismissed claims alleging that the defendant mismarked foreign-made pipe fittings...more

10/17/2014 - Customs Dismissals Duties False Claims Act (FCA) Public Disclosure Websites

Third Circuit Holds Ambiguous Contract Precludes FCA Liability

The Third Circuit recently upheld summary judgment in favor of the defendant in U.S. Dept. of Transp. ex rel. Arnold v. CMC Engineering, a whistleblower suit alleging the defendant overbilled Pennsylvania’s Department of...more

7/14/2014 - Contract Interpretation Department of Transportation (DOT) False Claims Act (FCA) Whistleblowers

Supreme Court to Decide Important False Claims Act Statute of Limitations and Jurisdictional Bar Issues

On July 1, 2014, the Supreme Court granted certiorari in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter (No. 12-1497), a case involving two issues that have been central to recent False Claims Act...more

7/7/2014 - Attorney-Client Privilege Certiorari Compliance False Claims Act (FCA) Internal Investigations KBR (formerly Kellogg Brown & Root) SCOTUS Work-Product Doctrine

First Circuit Affirms Dismissal of FCA Complaint Based on First-to-File Bar

The First Circuit recently affirmed the dismissal of United States ex rel. Wilson v. Bristol-Myers Squibb, Inc. under the False Claims Act’s (“FCA”) “first-to-file” provision, which prohibits any person “other than the...more

5/22/2014 - Bristol-Myers Squibb Financial Conduct Authority (FCA) First-to-File Jurisdiction Relators

FCA Relator Petitions Supreme Court Seeking Resolution of Circuit Split Regarding Applicability of Rule 15(a) to Post-Judgment...

Dr. Helen Ge, the relator in United States ex rel. Ge v. Takeda Pharmaceutical Co Ltd., recently filed a petition for a writ of certiorari in the United States Supreme Court seeking review of the First Circuit’s decision that...more

5/16/2014 - Motion to Amend Rules of Civil Procedure SCOTUS

D.C. Circuit Creates Split in Authority on Applicability of False Claims Act “First-to-File” Bar

The U.S. Court of Appeals for the D.C. Circuit recently affirmed the dismissal of a False Claims Act (“FCA”) complaint in United States ex rel. Shea v. Cellco Partnership, 2014 WL 1394687 (D.C. Cir. Apr. 11, 2014) for failure...more

4/23/2014 - False Claims Act (FCA) First-to-File Telecommunications Verizon

Solicitor General Recognizes Conflict, but Recommends that Supreme Court Deny Review of False Claims Act Case Involving Rule 9(b)...

The United States Solicitor General has recommended that the Supreme Court deny certiorari in United States ex rel. Nathan v. Takeda Pharmaceuticals N.A. Inc., et al. (No. 12-1349), a False Claims Act (“FCA”) case involving...more

2/28/2014 - False Claims Act (FCA) Federal Rules of Civil Procedure Fraud Pleading Standards SCOTUS

Fourth Circuit Affirms Dismissal of False Claims Act Suit Against Pharmaceutical Company, Rejects Theory of Liability Premised...

Last week, the United States Court of Appeals for the Fourth Circuit issued its opinion in United States ex rel. Rostholder, et al. v. Omnicare, Inc., et al. (No. 12-2431), affirming the district court’s dismissal of the...more

2/26/2014 - False Claims Act (FCA) FDA Healthcare Medicaid Medicare Omnicare Pharmaceutical Industry

Health Services Provider’s Settlement with DOJ Includes Detailed Factual Admissions and Agreement to Cooperate Against...

On January 8, 2014, pharmaceutical provider BioScrip, Inc. (BioScrip) reached a settlement with the Department of Justice (DOJ) to resolve claims under the False Claims Act (FCA) and the Anti-Kickback Statute (AKS), stemming...more

1/20/2014 - Anti-Kickback Statute DOJ False Claims Act (FCA) Novartis Pharmaceutical Industry Prescription Drugs Settlement

Eighth Circuit Affirms False Claims Act Dismissal on Rule 9(b) Grounds

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a False Claims Act (“FCA”) complaint in United States ex rel. Dunn v. North Memorial Health Care (8th Cir. No. 13-1099, Jan. 9, 2014) for...more

1/17/2014 - Dismissals False Claims Act (FCA) Fraud Reimbursements

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