News & Analysis as of

Healthcare First-to-File

WilmerHale

False Claims Act: 2018 Year-in-Review

WilmerHale on

Federal False Claims Act (FCA) recoveries in fiscal year 2018 amounted to $2.88 billion, down by roughly $600 million from the prior year and dropping below $3 billion for the first time in eight years. Healthcare cases,...more

Foley & Lardner LLP

FCA's "First to File" Bar Retains Some Teeth

Foley & Lardner LLP on

Health care providers are under constant threat of lawsuits brought by whistleblowers under the federal civil False Claims Act, 31 U.S.C. §§ 3729, et seq. (FCA), the statute under which the government obtains most judgements...more

BakerHostetler

Did Recent Changes in the Patent Laws Turn the Page on the Need for Accurate Laboratory Notebooks?

BakerHostetler on

With the enactment of the Leahy-Smith America Invents Act (AIA), the U.S. patent system moved to a “first inventor to file” approach for examining all applications having an effective filing date on or after March 16, 2013....more

Dickinson Wright

Qui Tam Lawsuits and the Statute of Limitations

Dickinson Wright on

In Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter, 575 U.S. ___) (2015), Justice Alito stated “[t]he False Claims Act’s qui tam provisions present many interpretive challenges.” Lawyers and judges who...more

BakerHostetler

Supreme Court Decision Has Good News and Bad News for Those Facing False Claims Act Litigation

BakerHostetler on

On May 26, 2015, the Supreme Court of the United States (SCOTUS) issued an opinion in a federal False Claims Act (FCA) case that resolves two important procedural points litigants face: the tolling of the six-year statute of...more

Bradley Arant Boult Cummings LLP

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

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