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DOJ’s First Cyber-Fraud Settlement Places Emphasis on Cybersecurity Shortfalls

Last year, the Department of Justice (DOJ) unveiled its Civil Cyber-Fraud Initiative, intended to ensure compliance, by leveraging the False Claims Act (FCA), with contractual cybersecurity requirements applicable to...more

DOJ Unveils New Initiative to Pursue Cybersecurity-Related Fraud by Government Contractors and Grant Recipients

Introduction - Earlier this month, the Department of Justice (DOJ) announced the launch of its Civil Cyber-Fraud Initiative, aimed to combat cyber threats to the security of U.S. infrastructure. The initiative combines the...more

Five Steps to Minimize the Risk of Future FCA Investigations and Enforcement Actions Stemming From COVID-19 Stimulus Funding

Following past national economic emergencies, the government and whistleblowers have initiated federal False Claims Act actions against recipients of government funding....more

US v. AseraCare: Eleventh Circuit Holds That Contradictory Clinical Judgments Alone Cannot Trigger FCA Liability

In a long-awaited decision, the Eleventh Circuit concurred with the lower court’s standard for determining falsity under the False Claims Act (FCA) — reasonable disagreement between medical experts alone is not enough to...more

Florida Qui Tam Statute Applies to False Claims Made to State, not Local, Governments

What is the state? Before the summer of 2015, there were two schools of thought on the answer to this question in the context of the Florida False Claims Act (FFCA). The first was advanced in a February 2014 Florida Bar...more

First District Tells Relators: Know Your Role in State Whistleblower Actions

Last week, the Florida First District Court of Appeal issued a decision of first impression confirming the controlling role that the Attorney General’s office plays in the life, or death, of a whistleblower action in Florida....more

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