Ty Howard

Ty Howard

Bradley Arant Boult Cummings LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

US Environmental Protection Agency Opens Criminal Investigation into Herbicide Spraying

According to articles in Missouri newspapers and other news outlets, federal agents recently executed search warrants in several counties in Missouri to probe possible criminal violations of the Federal Insecticide,...more

11/3/2016 - Criminal Investigations EPA FIFRA Genetically Engineered Seed Off-Label Use Pesticides Search Warrant

U.S. Supreme Court Reins In Government's Expansive Interpretation of Bribery Charges

Last week, in McDonnell v. United States, the U.S. Supreme Court vacated the bribery convictions of Bob McDonnell, the former governor of Virginia. In doing so, the unanimous Court rejected prosecutors’ expansive...more

7/11/2016 - Bribery Criminal Prosecution Due Process Governor McDonnell Honest Services Fraud McDonnell v US Official Act Public Officials SCOTUS Vacated

Supreme Court Upholds Implied Certification Theory of Liability under False Claims Act in Limited Circumstances

The False Claims Act (FCA) is the federal government’s chief weapon to combat false or fraudulent claims made to the government and has resulted in billions of dollars of recoveries. In recent years, broad interpretation of...more

6/21/2016 - False Claims Act (FCA) Implied Certification Materiality Qui Tam Universal Health Services Inc v United States ex rel Escobar

Supreme Court Narrows Application of Implied Certification under the False Claims Act and Establishes a Demanding Materiality...

The Supreme Court’s decision in Universal Health Services v. United States ex rel. Escobar reframes when falsity may be implied under the False Claims Act (FCA) and raises the bar for materiality under the statute. Though the...more

6/20/2016 - Conditions of Payment Failure To Disclose False Claims Act (FCA) False Implied Certification Theory Federal Contractors Federal Pleading Requirements Implied Certification Materiality SCOTUS Universal Health Services Inc v United States ex rel Escobar

Rejecting Government’s “Fairyland” Theory, Sixth Circuit Applies Commonsense Calculation to Dramatically Reduce Contractor’s False...

In a humorous yet stern rebuke of the government’s damages theory, the Sixth Circuit in United States ex rel. Wall v. Circle C Construction, LLC, No. 14-6150, 2016 WL 423750 (6th Cir. Feb. 4, 2016), reversed a lower court’s...more

2/18/2016 - Construction Industry Davis-Bacon Act False Claims Act (FCA) Underpayment Wage and Hour

False Claims Act: 2015 Year in Review

This year continued the trend of aggressive False Claims Act (FCA) enforcement by the Department of Justice (DOJ) and high volumes of qui tam lawsuits brought by whistleblowers. In fiscal year 2015, the DOJ marked the fourth...more

12/22/2015 - Anti-Kickback Statute Certiorari DOJ False Claims Act (FCA) False-Certification of Conformance Federal Contractors First-to-File Implied Certification Public Disclosure Qui Tam SCOTUS Split of Authority Stark Law Whistleblowers

Sixth Circuit Examines Materiality and Government Knowledge under the FCA

As its name implies, the False Claims Act (FCA) prohibits false or fraudulent claims to the federal government. Broadly construed, the FCA can apply to anyone receiving federal funds, but it is especially critical to...more

2/10/2015 - False Claims Act (FCA) Federal Contractors Financial Institutions Health Care Providers Materiality

False Claims Act: 2014 Year In Review

In what is becoming an annual refrain, 2014 marked another year of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and mushrooming qui tam lawsuits by whistleblowers. Indeed, fiscal year 2014...more

1/19/2015 - Bank of America Banking Sector Banks BNP Paribas DOJ Enforcement Actions False Claims Act (FCA) Federal Contractors Health Care Providers Janssen Pharmaceuticals JPMorgan Chase KBR (formerly Kellogg Brown & Root) Qui Tam Settlement Agreements SunTrust US Bank Wartime Suspension of Limitations Act Whistleblower Awards Whistleblowers

6 Questions To Ask Before An Internal Investigation

Every company, large or small, will eventually face a problem that requires an internal investigation. Boiled to its essence, an internal investigation is really nothing more than a way to obtain information to avoid or solve...more

12/16/2014 - Chief Compliance Officers Internal Investigations Risk Assessment

7th Circ. Limits FCA 'Worthless Services' Theory

On Aug. 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless services”...more

9/12/2014 - False Claims Act (FCA) Financial Conduct Authority (FCA) Worthless Services Claims

Seventh Circuit Limits “Worthless Services” Theory under False Claims Act

On August 20, 2014, the Seventh Circuit struck another blow against relators’ and the federal government’s increasingly aggressive False Claims Act theories of liability. Rejecting the relators’ use of the “worthless...more

8/29/2014 - False Claims Act (FCA) Healthcare Healthcare Fraud Jury Verdicts Medicaid Medicare Worthless Services Claims

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

1/15/2014 - Calculation of Damages CMS Compliance DOJ False Claims Act (FCA) Federal Contractors FERA Fines First-to-File Fraud Halliburton Healthcare Medicare Off-Label Use Overpayment Pharmaceutical Industry Physician Medicare Reimbursements Prescription Drugs Public Disclosure Qui Tam Wells Fargo Whistleblowers WSLA

The First Circuit Joins the D.C. Circuit in Hampering Relators’ Ability to Bring Duplicative Actions Under the False Claims Act’s...

The First Circuit has become the fourth federal court of appeals to address whether a first-filed yet insufficient complaint still qualifies as a pending action under the first-to-file rule of the False Claims Act....more

6/4/2013 - False Claims Act (FCA) First-to-File Fraud Notice Requirements Pleading Standards

Courts of Appeals Continue to Limit the Government’s Aggressive False Claims Act Theories

This spring saw two significant victories for health care providers in the federal courts of appeals. In both cases, the courts rejected an aggressive government theory under the False Claims Act (FCA), the first related to...more

4/23/2013 - CIGNA Damages Diagnostic Tests False Claims Act (FCA) FLSA Medicare MedQuest Physicians Supervision

The False Claims Act and Healthcare Providers: Key Results from 2012 and Likely Trends for 2013

From the perspective of False Claims Act (FCA) results, 2012 was a decidedly mixed year for healthcare providers. The bad news was quite bad—increased FCA scrutiny by the Department of Justice (DOJ) led to $3 billion of...more

1/7/2013 - Anti-Kickback Statute Attorney-Client Privilege DOJ Durable Medical Equipment Fashion Design Healthcare Medicaid Medicare Qui Tam Stark Law

15 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:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×