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What to Do When an Investigator Comes Knocking

Our firm has observed a significant uptick in the investigation of government contractors in the last few years. This is driven, in large part, by a political and regulatory environment that assumes fraud, waste and abuse are...more

D&O Carrier Allowed to Recoup Defense and Indemnity Costs After Employees Plead Guilty to Misconduct

In Protection Strategies, Inc. v. Starr Indemnity & Liability Co., the U.S. District Court for the Eastern District of Virginia allowed an insurer to recoup more than $670,000 in costs paid for the insured first to respond to...more

False Claims Act Focus - November 2013

EDITOR’S NOTE - Recent months have provided interesting developments in the False Claims Act (“FCA”) case law, and the future promises even more. Defendants in many FCA cases that proceed to litigation file...more

Federal Court Cases May Have Some Healthcare Providers Asking for Peace, Not War

Last summer, a federal judge in Houston ruled that the Wartime Suspension of Limitations Act (WSLA), found in Title 18, § 3287 of the U.S. Criminal Code, applied to a civil False Claims Act (FCA) case and suspended the...more

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

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

Short Wins - If The Circuits Are Only Going To Give One Victory To A Defendant In A Week, This Is A Pretty Good One

Perhaps our nation's circuit court judges took it easy last week because of the inauguration, or Martin Luther King Jr. Day, but there's only one case where a defendant won in a published opinion in a federal appellate court....more

Prosecutorial misconduct stymies Department of Justice in FCPA trials

In a stunning conclusion to the U.S. Department of Justice’s first guilty jury verdict against a corporation under the Foreign Corrupt Practices Act (FCPA), the U.S. District Court, Central District of California...more

Construction OberView: "Objection, Privilege": Protecting the Attorney-Client Relationship amidst the Shifting Sands of False...

“Men must turn square corners when they deal with the Government.” – Justice Oliver Wendell Holmes, Jr. With the Government’s prosecution of False Claims Act (“FCA”) and Contract Disputes Act (“CDA”) violations on the...more

Why Is Qui Tam Litigation Often So Difficult to Resolve?

The Current Qui Tam Environment There has been a shift in the fault patterns of qui tam litigation. More qui tam cases are being filed than ever before. The statistics demonstrate that the number has increased steadily over...more

Ninth Circuit Weakens Rule 9(b) In False Claims Act Litigation

The U.S. Court of Appeals for the Ninth Circuit recently weakened the impact of Federal Rule of Civil Procedure 9(b) in False Claims Act (“FCA”) cases. The FCA allows whistleblowers (called “relators”) to bring lawsuits...more

Meanwhile, Sixth Circuit Remains Firm On Rule 9(b) In False Claims Act Litigation

This article continues discussion of Rule 9(b) in False Claims Act litigation from Ninth Circuit Weakens Rule 9(b) in False Claims Act Litigation, also published today. While the Ninth Circuit has joined the minority...more

Overseas Contractor Reform Act

No government contracts with FCPA violators. Blacklisted....more

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