On March 13, 2020, President Trump issued a formal Declaration of a National Emergency as of March 1, 2020, based on the pandemic of COVID-19. In this Declaration, the president states that “[t]he spread of COVID-19 within...more
In Liu v. SEC, one of this Term’s most closely watched securities cases, the U.S. Supreme Court seemed poised during oral argument on Tuesday to affirm but potentially clarify the SEC’s ability to seek disgorgement in federal...more
3/6/2020
/ Administrative Authority ,
Disgorgement ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Oral Argument ,
Penalties ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Split of Authority ,
Statute of Limitations
The U.S. Department of Justice (DOJ) routinely encourages the subjects of False Claims Act (FCA) enforcement actions to make voluntary disclosures and fully cooperate with the government on the premise that cooperation leads...more
5/23/2019
/ Compliance ,
Cooperation ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Government Agencies ,
Government Investigations ,
New Guidance ,
Remedial Actions ,
Risk Mitigation ,
Voluntary Disclosure
The U.S. District Court for the Eastern District of Pennsylvania recently refused to extend the period during which a False Claims Act (FCA) action remains under seal while the government investigates and decides whether to...more
On October 16, 2018, the SEC released an Investigative Report detailing recent email spoofing schemes that caused nine public companies to lose a total of nearly $100 million. Building on its February 2018 guidance about the...more
10/19/2018
/ Accounting Controls ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Disclosure Requirements ,
Email ,
Employee Training ,
Internal Controls ,
Investors ,
Policies and Procedures ,
Popular ,
Publicly-Traded Companies ,
Risk Management ,
Scams ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Spoofing ,
Wire Fraud
On August 24, 2018, the Ninth Circuit addressed the Supreme Court’s decision in Universal Health Services, Inc. v. U.S. ex rel. Escobar, holding that Escobar sets forth the exclusive test for establishing FCA liability under...more
8/30/2018
/ College Admissions ,
Colleges ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Funding ,
Financial Aid ,
Higher Education Act ,
Incentives ,
Interlocutory Appeals ,
Materiality ,
Student Enrollment ,
Title IV ,
Universal Health Services Inc v United States ex rel Escobar
U.S. ex rel. Badr v. Triple Canopy, Inc., an intervened case arising out of the Fourth Circuit, has been one of the more closely-watched recent FCA cases. Previously, the Fourth Circuit held that the government’s complaint...more
In June, the Supreme Court issued Universal Health Services, Inc. v. U.S. ex rel. Escobar, a landmark opinion in which the Supreme Court addressed the standard for pleading materiality in FCA implied certification cases. The...more
11/30/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Health Care Providers ,
Material Misrepresentation ,
Materiality ,
Medicaid ,
Remand ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar
This summer, the Northern District of California issued an opinion in an intervened case that expanded the theory of express false certification to a startling degree. Ruling on a motion to dismiss, the court in U.S. ex rel....more