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False Claims Act (FCA) › Government Knowledge Defense

Bradley Arant Boult Cummings LLP

2 Recent Decisions Highlight Ambiguity As FCA Defense | Insights & Events

Bradley Arant Boult Cummings LLP on

The past year has seen substantial activity by the federal courts in guarding against government overreach in False Claims Act cases. One of the principal areas courts have focused on is the FCA's knowledge requirement —...more

White & Case LLP

President Trump's trade wars and the expansion of customs violations into the white-collar space

White & Case LLP on

The US' ongoing trade wars—with various trading partners and particularly with China—are everywhere in the news. Putting politics and policy aside, the "trade wars" reflect a basic disagreement over the rules that should...more

Sheppard Mullin Richter & Hampton LLP

Materiality Part II: Government Knowledge

Sheppard Mullin Richter & Hampton LLP on

Editor’s Note: This is the second in a five-part series on how U.S. district courts and courts of appeal have applied the materiality standard set forth in Universal Health Services, Inc. v. United States ex rel. Escobar, 136...more

Jones Day

Third Circuit Confirms Government Knowledge Can Defeat Scienter and Materiality Requirements for False Claims Act Liability

Jones Day on

The Situation: In Spay v. CVS Caremark Corp., the Third Circuit became the latest court of appeals to hold that, in False Claims Act litigation, scienter can be lacking when the government has knowledge of "the facts...more

Butler Snow LLP

The Government Knowledge Defense to the False Claims Act after Universal Health Services

Butler Snow LLP on

As recited in seemingly every brief and opinion involving the statute, the False Claims Act traces its history to the Civil War and efforts to deter and punish fraud on the Lincoln administration. The lure of treble damages,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Escobar and the Implied Certification Theory: Initial Cases Raise the Bar on Materiality in False Claims Act Litigation"

Skadden, Arps, Slate, Meagher & Flom LLP on

On June 16, 2016, the U.S. Supreme Court in Universal Health Services, Inc. v. United States ex rel. Escobar1 (Escobar) unanimously upheld the implied certification theory of False Claims Act (FCA) liability and strengthened...more

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