In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more
11/1/2021
/ Anti-Retaliation Provisions ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
False Claims Act (FCA) ,
Materiality ,
Proposed Amendments ,
Proposed Legislation ,
Qui Tam ,
Universal Health Services Inc v United States ex rel Escobar ,
Whistleblowers
The US Department of Justice’s Civil Division on September 4 issued detailed internal guidance on how the Division should evaluate and handle inability-to-pay claims by entities. Acting Assistant Attorney General Ethan P....more
Senator Chuck Grassley plans to propose legislation that would require the US Department of Justice to state its reasons for dismissal of qui tam cases over the objection of the relator. ...more
Practitioners active in derivative markets regulated by the Commodity Futures Trading Commission (CFTC) are well familiar with the US Court of Appeals for the Eighth Circuit’s proclamation in 1971 that “[t]he methods and...more
The Court’s opinion resolves a circuit split concerning the reach of disgorgement orders....more
Government will focus on corruption in sales incentive programs.
Background -
The Chinese government has intensified probes into commercial bribery in the private sector, with a particular focus on sales incentive...more
Supreme Court grants certiorari to clarify whether Section 2462’s five-year limitation period applies to SEC disgorgement claims.
The US Supreme Court granted certiorari to settle a circuit split in the US courts of...more