Latest Publications

Share:

Does the Government Retain Control of False Claims Act Cases?

United States ex rel. Polansky v. Executive Health Resources, Inc. (S. Ct. June 16, 2023) - The vast majority of False Claims Act cases are initiated by private parties, known as relators, not the government. In fact,...more

Suppliers Beware: US Government Continues Prosecution of DBE Fraud Cases Involving Supplies Passed Through DBEs

On April 21, the Third Circuit Court of Appeals affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation...more

It’s Not “Business as Usual” for DOJ’s Corporate Criminal Enforcement Efforts

On the heels of a speech delivered by Deputy Attorney General (DAG) Lisa Monaco to NYU Law School on September 15, the Department of Justice (DOJ) issued a memorandum and announced further revisions to its existing corporate...more

Limiting PE Firms’ Exposure to FCA Liability for Alleged Misconduct by Portfolio Companies

There are many concerns that can keep private equity (PE) firms’ management teams up at night. Economic headwinds, geopolitical instability, and supply chain problems can change the fortunes of a PE firm and its portfolio...more

DOJ’s Case Against Ericsson Reinforces the Importance of Self-Disclosure for Companies Subject to DPAs and Monitorships

On March 2, Ericsson, the Swedish networking and telecommunications company, reported that the Department of Justice (DOJ) has accused the company of violating its 2019 Deferred Prosecution Agreement (DPA) by failing to...more

The AKS "Means What It Says" — But Some Manufacturers and Patients Are Still Between a Rock and a Hard Place on Copay Assistance

In a highly watched case relating to the ability of pharmaceutical manufacturers to support patient copay assistance, the Southern District of New York recently denied Pfizer’s request for a declaratory judgment that two...more

Did Congress Intend to Criminalize Off-Label Promotion? One District Judge Suggests the Issue Is Ripe for Review

A judge in the District of Massachusetts recently questioned whether Congress intended to criminalize off-label promotion through misbranding and adulteration statutes. In an order denying a Rule 29 motion brought by two...more

New Cyber Threat Warnings And Guidance Issued For Health Care Entities Conducting COVID-19 Research

On May 21, the Federal Bureau of Investigation’s (FBI’s) Cyber Division released an FBI Flash warning recipients that nation-state cyber actors are targeting domestic universities, research institutes and private companies...more

Is Your Business Essential? Guidance on Difficult Decisions in a Time of Uncertainty

As restrictions tighten in counties and states across the country, many businesses are having to decide whether they can continue to operate. In New York, only “essential businesses” may remain open. In Pennsylvania, only...more

Employers Beware: Federal Court Upholds Aggressive Law Enforcement Tactics When Investigating False Claims Act Allegations

Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more

Eleventh Circuit Says Difference Of Opinion Does Not Establish Falsity In False Claims Act Case

On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more

U.K. Serious Fraud Office Lays Out Framework for Corporate Cooperation

On August 6, the U.K. Serious Fraud Office (SFO) issued new guidance formalizing its policy on corporate cooperation. Although the SFO makes no promises, the new policy serves as a useful road map for any company attempting...more

Third Circuit Provides Defense for FCA Claims Concerning Pre-2010 Conduct

On June 18, the Third Circuit affirmed a District of Delaware decision dismissing a False Claims Act (FCA) case against Medco Health Solutions, Inc. because the relator was not an original source of the information underlying...more

Qui Tam Action Defense Alert: Supreme Court Recognizes Extended False Claims Act Statute of Limitations For Relators

In an unanimous decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, the U.S. Supreme Court settled a circuit split and gave qui tam relators more time to file actions alleging violations of the False Claims...more

Enhanced Anti-Corruption Scrutiny in Construction Industry

Bribery and corruption have long plagued the construction industry, particularly in emerging markets in Latin America, Eastern Europe, the Middle East and Asia-Pacific. ...more

Relators Continue to Face Pleading Hurdles in FCA Cases Post-Escobar

The Northern District of Illinois is the latest court to grant a defendant’s motion to dismiss in a False Claims Act (FCA) case, after the relator failed to meet the substantial pleading burden established in the U.S. Supreme...more

Are You Sure Those Conversations Are Covered by the Common Interest Privilege? Check the Record

Imagine you are representing an individual who has been subpoenaed for testimony as part of the government’s investigation of her employer. ...more

DOJ as Your Ally: Government Weighs In on Patient Support Services Kickback Claims

On December 17, the U.S. Department of Justice, in an unprecedented application of its statutory authority under section 3730(c)(2)(A) of the False Claims Act, moved to dismiss 11 qui tam complaints pending in district courts...more

Fifth Amendment Prohibits Use of Compelled Foreign Testimony in U.S. Criminal Trials

On July 19, the U.S. Court of Appeals for the Second Circuit vacated the conviction of two former London-based bankers, Anthony Allen and Anthony Conti, who were convicted in October 2015 on multiple counts of bank and wire...more

A Radical Overhaul? The Third Circuit Analyzes the Federal False Claims Act's Public Disclosure Bar after the Patient Protection...

To dismiss a case based on the public disclosure bar, the defense will have to establish that the allegations of fraud already were exposed in the news media or certain federal sources of information. Pharmaceutical,...more

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pass-Through?

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide