On June 1, 2023, the Supreme Court decided a pair of closely watched False Claims Act (FCA) cases, U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326, and U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111....more
6/5/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Materiality ,
Medicaid ,
Medicare ,
Misrepresentation ,
Objective Falsity ,
Pharmacies ,
Prescription Drugs ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
Subjective Standard ,
Universal Health Services Inc v United States ex rel Escobar ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
On April 18, the Supreme Court heard oral argument and what has been billed as the most important False Claims Act (FCA) case in a decade. Since the FCA was enacted in the Civil War era, it has been the primary tool for the...more
5/9/2023
/ False Billing ,
False Claims Act (FCA) ,
Federal Contractors ,
Medicaid ,
Medicare ,
Objective Falsity ,
Pharmacies ,
Prescription Drugs ,
Reimbursements ,
Scienter ,
SCOTUS ,
Whistleblowers
On January 13, 2023, the Supreme Court granted certiorari in a pair of consolidated cases from the Seventh Circuit that could result in one of the most consequential False Claims Act (FCA) decisions since the FCA was amended...more
On November 23, 2021, the US District Court for the District of Columbia invalidated a 2021 gaming compact between the Seminole Tribe of Florida and the State of Florida, which permitted mobile sports wagering throughout the...more
12/2/2021
/ Casinos ,
Contract Termination ,
Department of the Interior ,
Equal Protection ,
Indian Gaming ,
Indian Gaming Regulation Act ,
Native American Issues ,
No-Action Letters ,
Secretary of the Interior ,
Sports Betting ,
Tribal Lands ,
Tribal-State Gaming Compacts ,
Unlawful Internet Gambling Enforcement Act (UIGEA) ,
Wire Act
During a question-and-answer session following his opening remarks at the Federal Bar Association Qui Tam Conference earlier this year, Senator Chuck Grassley said that the government needed to “come down with a sledgehammer,...more
3/31/2021
/ American Rescue Plan Act of 2021 ,
Biden Administration ,
CARES Act ,
Cybersecurity ,
Department of Justice (DOJ) ,
EHR ,
Elder Abuse ,
Enforcement ,
False Claims Act (FCA) ,
Materiality ,
Opioid ,
Paycheck Protection Program (PPP) ,
Telehealth ,
Universal Health Services Inc v United States ex rel Escobar
The Department of Justice (DOJ) announced on January 14, 2021 that it had recovered $2.2 billion in False Claims Act (FCA) settlements and judgments in its 2020 fiscal year. While that figure is down considerably from prior...more
This is the third in a series of client alerts addressing the likely role of the False Claims Act in the wake of the massive federal government response to the COVID-19 pandemic.
The healthcare industry is no stranger to...more
This is the second in a series of client alerts addressing the likely role of the False Claims Act in the wake of the massive federal government response to the COVID-19 pandemic.
The Coronavirus Aid, Relief, and Economic...more
This is the first in a series of client alerts addressing the likely role of the False Claims Act in the wake of the massive federal government response to the COVID-19 pandemic.
On March 20, 2020, the Department of...more
I was 16 years old when, like much of the nation, I became transfixed by the O.J. Simpson criminal trial. I knew then I wanted to be a lawyer. Fast forward 20 years to a federal courtroom in San Francisco where I represented...more
In 2015, the Justice Department (DOJ) continued to give high priority to False Claims Act (FCA) investigations, bringing in nearly $3.6 billion in settlements and judgments. More than 630 qui tam suits were filed. DOJ's...more