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Mintz Levin Health Care Qui Tam Update - Recent Developments & Unsealed False Claims Act Cases: October 2014

Trends & Analysis - Between our last Qui Tam Update and the end of June, 65 health care–related qui tam cases were unsealed (28 in April, 18 in May, and 19 in June). Within those 65 cases...more

Federal and New York State False Claims Act Case Against Novartis Survives Motion to Dismiss

Last week, a New York district court found that the government alleged with sufficient detail that Novartis violated federal and state false claims acts by paying doctors kickbacks to prescribe drugs. See U.S. ex rel. Bilotta...more

Recent False Claims Act Decision Provides Important Guidance To Manufacturers And Resellers About Trade Agreements Act Compliance

The United States Court of Appeals for the District of Columbia Circuit recently upheld a District Court's dismissal of a False Claims Act (FCA) complaint against a federal government contractor in a case that will be of...more

September 2014 Independent Contractor Compliance and Misclassification Update

This month’s headline developments are the crescendo of cases finding against FedEx Ground’s classification of drivers as independent contractors. On the heels of last month’s decision by the U.S. Court of Appeals for the...more

White House Announcement Of Awards Under Defense Production Act

On September 19, 2014, Secretary Vilsack was joined by Deputy Secretary of Energy, Dan Poneman, and Secretary of the Navy, Ray Mabus, to announce contract awards to three separate companies to produce over one million gallons...more

False Claims Act Update: GSA Contractor Reasonably Relied Upon Distributor Certifications Of Product Origin And Trade Agreements...

The United States Court of Appeals for the District of Columbia Circuit recently upheld a District Court’s dismissal of a False Claims Act (FCA) complaint against a federal government contractor in a case that will be of...more

Breaching Bad: New Cyber Security Regs for Defense Contractors

Defense contractors with access to classified information will soon be required to quickly notify Defense Department (DOD) officials if the company’s computer network or information system is successfully penetrated in a...more

Feds Announce Application Process for Rural Broadband Experiments

On August 19th, the Federal Communications Commission released a public notice detailing the application process for entities interested in participating in the rural broadband experiments. The notice outlines specific...more

Government 2.0

With it spending up, federal agencies are finding they need to look outside their walls for qualified talent. This is presenting new public sector opportunities for private sector tech companies....more

Feds Announce New Loan Guarantees for Clean Energy Projects

The U.S. Department of Energy (DOE) announced a new loan guarantee program in July to facilitate the financing of energy projects in the U.S. that employ innovative and renewable or efficient energy technologies that avoid,...more

U.S. Attorney General Intervenes in Whistleblower Suit Against Computer Software Industry Leader

The U.S. Attorney General recently intervened in a qui tam case brought by a current employee of California-based computer software giant Symantec Corporation, alleging violations of the federal, California, Florida and New...more

White Collar Watch - July 2014

In This Issue: - Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny - Third Circuit affirms dismissal of False Claims Act suit, citing contract...more

Software Glitch Sparks FCA Suit Against Hospitals for Late Repayment of Medicaid Reimbursements

On June 27, the New York Attorney General’s Office and the U. S. Attorney’s Office for the Southern District of New York intervened in a qui tam suit against Continuum Health Partners, Inc., Beth Israel Medical Center and St....more

Medicaid Claims And Health Care Fraud: As The Data Flows, New Cracks Emerge

As we noted in two of our prior posts in the Insider blog, the government has long touted its ability to rely upon data mining as a means of detecting fraud in the federal health care system, and has initiated a host of...more

ML Strategies’ Energy & Environment Update: July 2014 #2

During the past several years, Europe has installed about 2,000 offshore turbines (6,500 MW of offshore wind generation capacity), with capacity doubling since 2010. Offshore wind provides almost 1% of total power in Western...more

Move over Big Pharma: Health care is not the only industry susceptible to False Claims Act scrutiny

In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor...more

2014 Intelligence Authorization Act Imposes Cyber Breach Reporting Requirement on Intelligence Community Contractors - Many...

The federal government must publish new procedures 90 days after the 2014 Intelligence Authorization Act is signed. These procedures will become effective upon publication. Intelligence community contractors will be...more

Chicago Innovation Hub Gets First Grant - Adaptive Vehicles

The Digital Manufacturing and Design Innovation (DMDI) Institute has its first grant. That grant, $10 million, is from the Defense Advanced Research Agnecy (DARPA). DARPA develops new technologies for the United States...more

Selling Cloud Computing To Government: Beyond The Privacy And Security Debate

Cloud computing is a major trend in today's ICT environment. However, unlike participants in some other sectors, Governments in the Asia-Pacific region have been slower to take up the significant financial benefits that this...more

False Claims Act Litigation Update: Bayer Decision Sheds Light on Pleading in False Claims Act Cases

A recent win for a large company in a False Claims Act suit (a seeming rarity as of late) alleging illegal off-label promotion could provide some helpful insight to similarly situated manufacturers and support dismissals of...more

Department of Energy Issues Draft Loan Guarantee Solicitation

On April 16, 2014, the Department of Energy (DOE) Loan Programs Office issued a draft loan guarantee solicitation of up to $4 billion for renewable energy projects focused on clean energy innovation. The draft solicitation is...more

First Circuit Rules on Scope of FCA First-to-File Rule in U.S. v. Bristol Myers Squibb, Inc.

The First Circuit ruled last week that an earlier-filed False Claims Act complaint will preclude a later-filed complaint if it arises out of the same underlying facts, even if the allegations are not identical. The...more

Public-Private Manufacturing Innovation Institutes Announced

Following on the coattails of the Youngstown, Ohio, manufacturing hub, President Obama announced three more public-private manufacturing institutes – in North Carolina, Chicago and Detroit – to focus on advancing...more

California Energy Commission Announces New Funding Opportunities for Clean Tech Projects: Energy Efficient Technologies and Energy...

Over the last month, the California Energy Commission (CEC) announced the first in a series of 24 funding opportunities to support innovative energy technologies and solutions that will be released throughout 2014. Grants...more

The Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers

The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising, especially given the recent...more

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