Government Contracting, Civil Procedure

Memorial Day Weekend Edition: Century-Old Third Circuit Opinion On Warship Documents Shows Courts’ Historic Hostility Toward Trade...

by Daniel Corbett | Orrick - Trade Secrets Group on 5/24/2013

This Memorial Day weekend, we would like to stop and honor the sacrifice that American servicemen and women have made, and take a brief look at an early case involving the military and trade secrets....more

Second Highest Penalty in FCPA History Comes with a Caution from the Bench about the Limits of the Act’s Jurisdiction

by Jennifer Beidel, Christopher R. Hall | Saul Ewing LLP on 5/24/2013

In Brief - The Foreign Corrupt Practices Act covers a nearly boundless range of business conduct by issuers and their agents in an ever more global world. Yet the contrast in sentences handed down in two recent FCPA...more

OIG Releases Updated Provider Self-Disclosure Protocol

by John T. Bentivoglio, Jennifer L. Bragg, Maya Florence, Michael K. Loucks, Gregory M. Luce | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On April 17, 2013, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services released an updated Provider Self-Disclosure Protocol (SDP). As self-described, OIG updated the SDP to...more

Southern District Of New York Judge Dismisses False Claims Counts, Allows FIRREA Claims To Proceed In Major Mortgage Fraud Case

by BuckleySandler LLP on 5/20/2013

On May 8, the U.S. District Court for the Southern District of New York dismissed claims for damages and civil penalties under the False Claims Act (FCA) brought by the federal government against a mortgage lender alleged to...more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

by Thompson Coburn LLP on 5/15/2013

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

Wartime Suspension Of Limitations Act Suspends Statute Of Limitations In False Claims Act Cases

by BuckleySandler LLP on 5/6/2013

The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more

Business Law Newsletter - May 2013

by Rachelle E. Hill, James V. Irving, Alecia Schmuhl | Bean, Kinney & Korman, PC on 5/6/2013

In This Issue: - Subpoenas: What Are They and What Do You Do If You or Your Business Receives One? - Sequestration and the Continuing Resolution’s Effect on Government Contracting - New I-9 Creates Risk...more

Teaming Agreements Called Into Question Under Virginia Law

by John Chierichella | Sheppard Mullin Richter & Hampton LLP on 5/2/2013

In 1997, the Virginia Supreme Court sent a chill down the spines of many companies operating under teaming agreements with a Virginia choice of law provision. In W.J. Schafer Associates, Inc. v. Cordant, Inc., 493 S.E. 2d 514...more

Sixth Circuit in MedQuest: No FCA Liability for Violation of Medicare Conditions of Participation Without Violation of Conditions...

by Calvin Marshall | Chambliss, Bahner & Stophel, P.C. on 4/26/2013

On April 1, 2013, the U.S. Court of Appeals for the Sixth Circuit overturned an $11.1 million False Claims Act (FCA) judgment by the U.S. District Court for the Middle District of Tennessee against MedQuest Associates, Inc.,...more

Sixth Circuit Holds Physician Supervision and Enrollment Issues Are Not Conditions of Payment for Purposes of FCA Liability

by Darby C. Allen, B. Scott McBride | BakerHostetler on 4/23/2013

The Sixth Circuit Court of Appeals recently issued a decision overturning an $11.1 million False Claims Act (FCA) verdict against MedQuest Associates, Inc. (MedQuest) for submitting claims to Medicare in violation of the...more

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

by Chelsey Hadfield, Ty Howard, Jack Selden | Bradley Arant Boult Cummings LLP on 4/23/2013

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

GovCon Deal Bugaboo: Sales Tax Exposure

by Michael Fletcher | Berkeley Research Group, LLC on 4/19/2013

We recently wrapped up diligence proceedings for another GovCon M&A transaction, and the specter of sales tax exposure again reared its ugly head. Time and again we see contractors err in their evaluation of the implications...more

First Circuit Oral Argument Considers the Proper Standard Governing the False Claims Act’s “First-to-File” Rule

by Ropes & Gray LLP on 4/18/2013

The United States Court of Appeals for the First Circuit recently heard oral arguments in United States ex rel. Heineman-Guta v. Guidant Corp., et al. (12-1867). During oral argument, the panel considered, among other issues,...more

Fourth Circuit Applies the Wartime Suspension of Limitations Act to False Claims Act Relators and Limits the FCA’s First-to-File...

by Ropes & Gray LLP on 4/18/2013

The U.S. Court of Appeals for the Fourth Circuit, in United States ex rel. Carter v. Halliburton Co, et. al (No. 12-1011), recently vitiated two traditional defenses in actions under the False Claims Act (“FCA”). First, the...more

Recent Changes Impact Appeal of Medicare Denials and Reimbursement Strategies

by Womble Carlyle Sandridge & Rice, PLLC on 4/17/2013

Recovery Audit Contractors (“RACs”) and other Centers for Medicare and Medicaid Services (CMS) contractors are charged with identifying overpayments made by Medicare to healthcare providers. However, with the increase in RAC...more

False Claims Act Focus - April 2013

by Mary Beth Bosco, Laurence Freedman, Michael Guiffre, Susan Baldwin Hendrix, Laura Laemmle-Weidenfeld | Patton Boggs LLP on 4/15/2013

EDITOR’S NOTE - The last few months have not failed to provide interesting False Claims Act (FCA) activity in the courts. We begin our newsletter by examining a case brought in the energy sector, alleging that a...more

Alabama Taxpayers' Bill of Rights II Passes Easily In House; Other Important Tax Bills of Interest

by Bruce Ely, James Long, Dave Stewart, William Thistle | Bradley Arant Boult Cummings LLP on 4/12/2013

On April 4, Birmingham attorney and State Representative Paul DeMarco led the effort to pass the 2013 version of the Alabama Taxpayers’ Bill of Rights II, HB 264. The House of Representatives voted 96-2 in favor of the bill....more

Supreme Court Clarifies Jurisdiction Over Claims Arising Under Procurement Code

by Thomas Madigan, Ryan Stewart | Pepper Hamilton LLP on 4/11/2013

The Pennsylvania Supreme Court recently confirmed the absolute right of Commonwealth agencies to withdraw solicitations for contracts, as well as the exclusive jurisdiction of the Board of Claims to hear disputes with the...more

PRRB Upholds Liquidation Requirement for Pension Expenses in Wage Index Calculation

by Mark A. Stanley | Ober|Kaler on 4/9/2013

The Provider Reimbursement Review Board (PRRB) has issued a decision upholding CMS’s policy of not recognizing pension expenses for purposes of calculating the wage index unless such expenses are liquidated within one year. ...more

Fourth Circuit Holds FCA Statute Of Limitations Tolled By Wartime Suspension Of Limitations Act

by BuckleySandler LLP on 4/8/2013

The U.S. Court of Appeals for the Fourth Circuit recently held that the False Claims Act’s (FCA) statute of limitations can be tolled by the Wartime Suspension of Limitations Act (WSLA) in civil qui tam actions in which the...more

Court of Appeals Rules for Government in DSH Exhausted Benefit Day Appeal

by Thomas W. Coons | Ober|Kaler on 4/5/2013

For the last several years, hospitals and the government have fought hard over where days associated with certain “dual eligible” patients should be placed in the Medicare disproportionate share hospital (DSH) calculation. At...more

Sixth Circuit Rules No FCA Liability Based on Violation of Medicare Requirements

by Ellyn L. Sternfield | Mintz Levin - Health Law on 4/4/2013

On April 1st, the Sixth Circuit reversed an $11.1 million dollar summary judgment finding entered against MedQuest Associates, a diagnostic testing company. In its opinion, the Sixth Circuit found that violation of two...more

Fourth Circuit Expands False Claims Act Statute-Of-Limitations Period

by Richard Clifford | Perkins Coie on 4/4/2013

For the first time in the more than 50-year history of the statute, a federal appeals court has applied the Wartime Suspension of Limitations Act (WSLA), 18 U.S.C. § 3287, to a civil False Claims Act (FCA) case. A World War...more

D.C. District Court Again Rules That Bad Debt at a Collection Agency is Allowable

by Leslie Demaree Goldsmith | Ober|Kaler on 4/4/2013

The United States District Court for the District of Columbia recently ruled, again, that a Medicare contractor is not permitted to disallow Medicare bad debts solely on the ground that the bad debt is still at an outside...more

The Fourth Circuit Suspends Statutes Of Limitations On False Claims Act Claims During Times Of War And Holds That The “First To...

by Connie Bertram, Amy Blackwood | Proskauer - Whistleblowing & Retaliation on 4/3/2013

In United States ex rel. Carter v. Halliburton Co., No. 12-1011 (4th Cir. Mar. 18, 2013), the Fourth Circuit held that the statute of limitations for False Claims Act claims is suspended during times of war. The court also...more

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Government Contracting › Civil Procedure