Health care organizations operate under constant scrutiny from government regulators and the threat of potential whistleblowers....more
11/26/2025
/ Crisis Management ,
Cybersecurity ,
Data Retention ,
e-Discovery ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Legal Operations ,
Litigation Hold ,
Regulatory Oversight ,
Risk Management ,
Whistleblowers
The U.S. Court of Appeals for the Eleventh Circuit held in United States ex rel. Sedona Partners LLC v. Able Moving and Storage Inc., No. 22-13340 (11th Cir. Jul. 25, 2025), that while a district court has the discretion to...more
In September 2025, the U.S. Attorneys’ Office for the Eastern District of Pennsylvania (EDPA) announced that it would be implementing a White-Collar Justice Program to strengthen its white-collar enforcement framework....more
10/21/2025
/ Corporate Misconduct ,
Department of Justice (DOJ) ,
Employee Training ,
Enforcement Actions ,
Enforcement Priorities ,
False Claims Act (FCA) ,
Investigations ,
Self-Disclosure Requirements ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
In the latest in a series of recent cases involving the “but-for” causation standard for Anti-Kickback Statute (“AKS”) claims, Judge Waverly D. Crenshaw in the U.S. District Court for the Middle District of Tennessee has...more
10/9/2025
/ Anti-Kickback Statute ,
But For Causation ,
Centers for Medicare & Medicaid Services (CMS) ,
Clinical Laboratories ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Hospitals ,
Medicare ,
Medicare Advantage ,
Motion to Dismiss ,
Remuneration ,
Rule 9(b)
When a merger or acquisition closes, many executives assume the legal work is over.
But as this episode of Speaking of Litigation reveals, signing on the dotted line may be just the beginning.
Avoid post-closing litigation...more
On August 29, 2025, the U.S. Department of Justice (DOJ) announced the creation of a new Trade Fraud Task Force (“Task Force”)....more
9/5/2025
/ Anti-Dumping Duty ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Imports ,
International Trade ,
Life Sciences ,
Section 301 ,
Tariffs
In 2010, as part of the Affordable Care Act, Congress resolved a highly litigated issue about whether a violation of the Anti-Kickback Statute (AKS) can serve as a basis for liability under the federal False Claims Act (FCA)....more
What may have seemed like an out-of-the-blue question to the casual observer was no surprise to those who represent individuals and entities in the health care and life sciences industries: U.S. Attorney General (AG) nominee...more
On January 6, 2025, the U.S. District Court for the District of Massachusetts granted a defendant laboratory’s motion for summary judgment in a False Claims Act (FCA)/Anti-Kickback Statute (AKS) case brought by a physician...more
On September 23, 2024, Principal Deputy Assistant Attorney General Nicole M. Argentieri announced updates to the U.S. Department of Justice’s (“DOJ”) guidance relative to its Principles of Federal Prosecution of Business...more
9/30/2024
/ Artificial Intelligence ,
Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Innovative Technology ,
Risk Management ,
Transparency ,
White Collar Crimes
On August 1, 2024, the Department of Justice (“DOJ”) launched the Corporate Whistleblower Awards Pilot Program (“Pilot Program”), a three-year initiative managed by the Criminal Division’s Money Laundering and Asset Recover...more
8/12/2024
/ Corporate Crimes ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Federal Pilot Programs ,
Incentives ,
Pilot Programs ,
Retaliation ,
Self-Reporting ,
Voluntary Disclosure ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Since October 2021, the Department of Justice (DOJ) has been implementing a variety of changes to its corporate criminal enforcement policies. These efforts all reflect DOJ’s focus on individual accountability, punishing...more
On December 26, 2023, the U.S. Sentencing Commission (“USSC”) proposed several amendments to its Guidelines Manual (the “Guidelines”). Two of these proposed amendments have the potential to especially impact sentencing...more
On March 7, 2024, Deputy Attorney General Lisa Monaco announced the launch of a 90-day sprint to develop and implement a pilot program for DOJ’s latest “carrot” to incentivize companies to invest in a culture of compliance: a...more
Building on attempts in recent years to strengthen the Department of Justice’s (DOJ’s) white collar criminal enforcement, on September 15, 2022, Deputy Attorney General Lisa Monaco announced revisions to DOJ’s corporate...more
Building on attempts in recent years to strengthen the Department of Justice’s (DOJ’s) white collar criminal enforcement, on September 15, 2022, Deputy Attorney General Lisa Monaco announced revisions to DOJ’s corporate...more