Timothy J. Taylor

Timothy J. Taylor

Holland & Knight LLP

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Supreme Court Punts Again on FCA Claims Specificity

The U.S. Supreme Court recently denied certiorari in United States ex rel. Walterspiel v. Bayer AG. This case, arising out of the Fourth Circuit, raised yet again the question of how much detail a False Claims Act (FCA)...more

10/7/2016 - Bayer False Claims Act (FCA) Federal Contractors Petition for Writ of Certiorari Pleading Standards SCOTUS Takeda Pharmaceuticals

Supreme Court: False Claims Act Can Impose Liability for "Implied False Certifications"

The U.S. Supreme Court recently issued a unanimous 8-0 decision in Universal Health Services, Inc. v. United States ex rel. Escobar. At issue in the case was the viability and scope of the so-called "implied certification"...more

6/20/2016 - False Claims Act (FCA) False Implied Certification Theory Federal Contractors Implied Certification Medicaid SCOTUS Universal Health Services Inc v United States ex rel Escobar Unlicensed Medical Providers

Federal District Court: Documents Created During an In-House Corporate Compliance Investigation Are Not Privileged

In a noteworthy decision in Barko v. Hallilburton Co., a federal court has ruled that a company's internal investigations are not privileged and must be produced to a whistleblower. In light of the ruling in Barko, government...more

3/27/2014 - Attorney-Client Privilege Compliance Corporate Counsel Internal Investigations Work Product Privilege

Fraud and the “Discovery Rule” — Two Takeaways from The Supreme Court’s Recent Decision in Gabelli v. Securities and Exchange...

Fraud likes to hide. Which is why, since the 18th century, courts have held that a statute of limitations for fraud does not begin to run until the victim discovers the fraud. In Gabelli v. Securities and Exchange Commission,...more

3/8/2013 - Discovery Rule Fraud Gabelli v SEC SCOTUS SEC Statute of Limitations

Second Circuit Vacates Pharmaceutical Misbranding Conviction on Free Speech Grounds

After two years of deliberation, the U.S. Second Circuit Court of Appeals has finally issued its decision in United States v. Caronia, holding that the government cannot prosecute pharmaceutical manufacturers or their...more

2/1/2013 - Caronia Commercial Speech FDCA First Amendment Free Speech Marketing Misbranding Off-Label Promotion Off-Label Use Pharmaceutical Industry

Second Circuit Vacates Misbranding Conviction for Pharmaceutical Representative on First Amendment Grounds

In United States v. Caronia, No. 09-5006-cr, slip op. (2d Cir. Dec. 3, 2012), the U.S. Court of Appeals for the Second Circuit held that "the government cannot prosecute pharmaceutical manufacturers and their representatives...more

12/6/2012 - Commercial Speech FDA FDCA First Amendment Off-Label Promotion Off-Label Use Pharmaceutical Industry

DoD’s “Better Buying Power 2.0:” More Flexibility in Contract Formation

A recently issued memorandum from the Department of Defense (“DoD”) promises changes to the formation and administration of defense contracts. This could be good news for contractors....more

11/20/2012 - Defense Contracts Department of Defense (DOD)

FAR Councils Soliciting Public Comments to Remove Contractors’ Right to Appeal Past Performance Evaluations

For federal government contractors, agencies’ past performance evaluations are important. A favorable evaluation can result in a stronger customer relationship, an enhanced reputation, and a better chance of winning future...more

10/30/2012 - Appeals Contractors Federal Acquisition Regulations (FAR) GAO Performance Reviews

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