On June 1, 2023, the United States Supreme Court decided two consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, 589 U.S. ___ (2023), holding that a defendant’s...more
On December 20, 2022, the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”) announced the amendment of multiple regulations to add or revise certain general licenses across OFAC sanctions...more
On September 15, 2022, Deputy Attorney General (“DAG”) Lisa Monaco announced a series of changes to the United States Department of Justice’s (the “Department” or “DOJ”) corporate enforcement policies. This follows a prior...more
In many ways, the market for valuable art remains one that depends on long-standing relationships and a high degree of familiarity between market participants. The importance of relationships in the art business makes sense....more
The United States Supreme Court (Alito, J.) issued a unanimous decision today affirming the Ninth Circuit’s decision in Salman v. United States, an insider trading case concerning tippee liability. The Court held that the...more
Yesterday, the United States Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar et al., holding that the so-called “implied certification” theory is viable under the False Claims Act...more
6/20/2016
/ Conditions of Payment ,
Failure To Disclose ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Federal Pleading Requirements ,
Implied Certification ,
Materiality ,
Medicaid ,
Qui Tam ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers
On December 8, 2015, the United States Court of Appeals for the Second Circuit reversed the conviction of Jesse C. Litvak, a securities broker and trader at Jefferies & Company. Litvak had been convicted of various counts of...more
When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty...more
In June, the U.S. Food and Drug Administration (the "FDA") announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The...more
7/17/2014
/ Draft Guidance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Conduct Authority (FCA) ,
Food and Drug Administration (FDA) ,
Healthcare ,
Medical Devices ,
Off-Label Promotion ,
Off-Label Use ,
Pharmaceutical Industry ,
Securities and Exchange Commission (SEC)
On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more
7/17/2014
/ Appeals ,
Attorney-Client Privilege ,
Compliance ,
Document Productions ,
False Claims Act (FCA) ,
Interlocutory Appeals ,
Internal Investigations ,
KBR (formerly Kellogg Brown & Root) ,
Order to Stay ,
Work-Product Doctrine ,
Writ of Mandamus
On May 16, 2014, the Eleventh Circuit issued its decision in United States v. Esquenazi, an important ruling that provides guidance as to what types of foreign entities may constitute “instrumentalities” of a foreign...more
A recent decision by a federal district court raises concerns about the ability of companies to claim privilege over the results of internal investigations. In United States ex rel. Harry Barko v. Halliburton Company, et al.,...more
On November 14, 2012, the Department of Justice and the Securities and Exchange Commission issued A Resource Guide to the U.S. Foreign Corrupt Practices Act. Although this resource breaks no new ground, it offers useful...more