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False Claims Act (FCA) Commercial Bankruptcy

Robins Kaplan LLP

Financial Daily Dose 3.3.2021 | Top Story: Rare Merck-J&J Partnership to Boost U.S. Vaccine Production

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In a move we hinted at here recently, drug giant Merck is partnering with rival Johnson & Johnson to help produce production of J&J’s single-shot coronavirus vaccine. This unprecedented “Coke & Pepsi of the pharma world”...more

Vinson & Elkins LLP

The Government Giveth And DOJ Taketh Away: The First Civil Settlement For Fraud In The Paycheck Protection Program

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It was only a matter of time. On January 12, 2021, the Department of Justice (“DOJ”) announced that it had reached its first civil settlement regarding allegations of fraud related to the Paycheck Protection Program (“PPP”).1...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 3

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City of Chicago v. Fulton, Case No. 19–357 (2021). The mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay under 11 U.S.C. §362(a)(3) of the Bankruptcy Code. ...more

Dorsey & Whitney LLP

Borrowers and Banks Beware: The New Year Brings the Nation’s First False Claims Act Settlement for Paycheck Protection Program...

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On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more

Mintz - Health Care Viewpoints

Insys Bankruptcy Filing Immediately After Global Settlement Triggers Powerful Remedies

Over the last two years, much of the healthcare world has been watching the government’s prosecution of Insys Therapeutics for its sales and marketing practices related to its Subsys spray. Subsys is powerful and highly...more

Robinson+Cole Health Law Diagnosis

DOJ Enters into $225 Million Settlement with Opioid Manufacturer to Resolve Criminal and Civil Investigations

On June 5, 2019, the Department of Justice (DOJ) announced a global settlement with Insys Therapeutics (Insys) that preliminarily resolves criminal and civil cases against the opioid manufacturer in a number of jurisdictions....more

Patterson Belknap Webb & Tyler LLP

Debtor’s Subchapter S Status Isn’t Property of the Estate

This post examines an interesting intersection between bankruptcy and tax laws: if a corporation terminates its Subchapter S status pre-bankruptcy, can a bankruptcy trustee bring fraudulent transfer claims against the...more

Jones Day

In Brief: Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan

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In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority to grant nonconsensual third-party...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Troubled Japanese auto parts maker Takata, “crippled by vast airbag recalls,” has filed for bankruptcy protection in the US and is planning to sell its surviving operations to Key Safety Systems, an American rival owned by a...more

King & Spalding

District Court Rules Pending False Claims Act Case Should Not Be Stayed Due to Bankruptcy Proceedings

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On April 26, 2015, the United States District Court for the Middle District of Florida declined to stay a pending False Claims Act (FCA) case due to the defendants’ filing of bankruptcy....more

McGuireWoods LLP

True Health Diagnostics to Acquire Health Diagnostic Laboratory

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A U.S. Bankruptcy Court judge has approved the sale of Health Diagnostic Laboratory (HDL), based in Richmond, Va., to True Health Diagnostics, based in Frisco, Texas, for $37.1 million, according to a Richmond Times Dispatch...more

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