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Government turns up the heat with the False Claims Act – 5 action steps for healthcare providers

Forbes magazine has dubbed 2014 “The Year of the Whistleblower.” For healthcare providers, this designation has translated into millions of dollars in fines and penalties and the initiation of criminal investigations. ...more

DOJ Criminal Division Renews Efforts to Investigate Whistleblower Allegations

The Department of Justice (DOJ) has signaled a heightened effort to bring criminal prosecutors into the loop regarding False Claims Act referrals and other whistleblower complaints. In recent remarks at a conference comprised...more

Brand Protection: The Case for Franchisor Auditing and Enforcement of Franchise Agreement Compliance Clauses

The recent criminal prosecution of several 7-Eleven franchisees, which arose out of a criminal alien employment investigation, as well as efforts by government agencies to treat franchisors and franchisees as joint employers...more

False Claims Act Update

New Criminal Division Review Process for Qui Tam Complaints Expands Main Justice Involvement and Threatens Greater Criminal Exposure in Whistleblower Investigations. The Assistant Attorney General for the Criminal...more

Things To Avoid When You Leave Your Job: Using Drone Trade Secrets To Blackmail Your Former Employer

Trade secrets cases in the employment context usually provide valuable lessons on what not to do when leaving a job. The recent conviction of Stephen Marty Ward by a Washington federal jury imparts one such lesson...more

Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Small Business Procurement and Contract Act For Postsecondary...more

Immigration Fraud Whistleblower Likely to receive a $5M Bounty from Infosys’s $34M False Claims Act Settlement: Is Your Business...

On October 30, 2013, Infosys Limited (“Infosys”), an Indian IT company, signed a settlement agreement with the United States in the Eastern District of Texas to resolve allegations that Infosys knowingly presented to...more

All In The Family: Enforcement Focus On Hiring Of Relatives Of Foreign Officials

Can you imagine being the public relations director for China these days?...more

Criminal Liability For Deficient Background Checks: Snowden And The False Claims Act

Just when you thought the risks for businesses could not get any worse, the government recently found yet another hook for a criminal investigation. ...more

White Collar Watch - April 2013

In This Issue: - Third Circuit Panel Liberalizes “Protected Activity” Immunity for Employees Claiming Whistleblower Status - Doing Time: A Requirement for White Collar Crime? - Casting a Smaller Net:...more

Revolving Door Risk: Failure to Follow Best Practices Can Have Severe Consequences

Not surprisingly, private industry frequently considers hiring current and former federal government employees for their experience, knowledge base, and skill sets. As a reaction to the continuing perception, however, that...more

Recent Multi-Million Dollar Whistleblower Jury Awards — A Wake-Up Call For Employers

In what might be an unsettling trend for employers, juries in Philadelphia and Anchorage have recently issued multi-million dollar jury awards in favor of whistleblowers. Specifically, on March 22, 2013, a Philadelphia Common...more

White Collar Watch - September 2012

IN THIS ISSUE: - Government Contractor Indictments Provide Reminder of Importance of Strong Workplace Policies, Training and Enforcement pages 1 - 2 - Winter Olympics in Russia Set Stage for FCPA Scrutiny pages 2...more

Unauthorized Access of President Obama's Student Loan Data Ends in Computer Fraud Conviction

The proof at trial was wholly circumstantial, but, as the court found, was sufficient for the jury to convict. As the court explained, “the government introduced evidence establishing that on August 27, 2008, Teague's...more

This Extension of U.S. Criminal Law Is Unnecessary

On June 3, 2011, Senator Patrick Leahy (D-Vt.) and Representative David Price (D-N.C.) re-introduced the Civilian Extraterritorial Jurisdiction Act (CEJA), which aims to extend U.S. criminal jurisdiction in to U.S. citizens...more

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