On December 4, the Department of Defense Office of Inspector General (DoD OIG) issued a “special” Audit Report (the Report) that provides insight into common cybersecurity weaknesses related to the protection of Controlled...more
Two years after the Department of Justice (DOJ) established its Civil-Cyber Fraud Initiative, there has been a recent uptick in enforcement and regulatory activity related to cybersecurity. September opened with the unsealing...more
11/3/2023
/ Cyber Threats ,
Cybersecurity ,
Data Breach ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Fraud ,
General Services Administration (GSA) ,
Proposed Rules ,
Reporting Requirements ,
Settlement ,
Verizon ,
Whistleblowers
- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more
7/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Private Equity Firms ,
Qui Tam
- The government has pledged to prioritize investigations and prosecutions regarding alleged frauds related to coronavirus programs.
- The False Claims Act is the government’s primary enforcement tool to prosecute alleged...more
• The Department of Justice (DOJ) has adopted a policy to incentivize companies and individuals to voluntarily disclose civil False Claims Act (FCA) violations, cooperate with government investigators and undertake effective...more
• DOJ is implementing the Granston memo policy in seeking dismissal of FCA qui tam actions when it is in the government’s interest, particularly when protecting its resources, discretion and litigation priorities.
• DOJ...more
10/22/2018
/ BEA ,
Cooperative Agreements ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Dismissals ,
Energy Sector ,
False Claims Act (FCA) ,
Federal Contractors ,
Intellectual Property Protection ,
Inventions ,
Nuclear Power ,
Patent Applications ,
Patents ,
Proprietary Information ,
Qui Tam ,
Research and Development
• Escobar’s two-part implied false certification test is mandatory in the 9th Circuit.
• Though couched as adopting the Escobar standard, the 9th Circuit panel’s decision may actually undermine Escobar’s overarching...more
• In an unusual move, the government has decided to pursue a False Claims Act (FCA) suit against a private equity firm based on an alleged commission scheme at its pharmacy portfolio company to promote sales of products...more
3/22/2018
/ Anti-Kickback Statute ,
Civil Monetary Penalty ,
Drug Compounding ,
Due Diligence ,
False Claims Act (FCA) ,
Federal Funding ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Investors ,
Medical Reimbursement ,
Patients ,
Pharmaceutical Industry ,
Pharmacies ,
Portfolio Companies ,
Prescription Drugs ,
Private Equity Firms ,
Qui Tam ,
Risk Mitigation ,
Treble Damages ,
TRICARE
• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more
On June 16, 2016, Justice Thomas, writing for a unanimous Court in Universal Health Services, Inc. v. United States ex rel. Escobar,examined the circumstances under which an “implied false certification” can trigger liability...more