The Securities and Exchange Commission (SEC) released its long-awaited climate disclosure mandate for publicly traded companies (Final Rule). While significant portions of the proposed rule have been scaled back or outright...more
In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more
11/15/2023
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Consumer Protection Laws ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Drug Pricing ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Fraud ,
Merger Reviews ,
Opioid ,
Pharmaceutical Industry ,
Prescription Drugs ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Webinars
In our July 18, 2023, webinar titled “False Claims Act 2023: What Every Health Care Entity Working with the Government Needs to Know,” Manatt posed the following hypothetical and asked three questions about it in our live...more
Of the $2.2 billion in False Claims Act (FCA) settlements and judgments that the Department of Justice (DOJ) reported in fiscal year 2022, $1.7 billion related to matters involving the health care industry. That staggering...more
6/26/2023
/ Best Practices ,
Chevron Deference ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Kickbacks ,
Physicians ,
Split of Authority ,
Webinars
In one of the most closely watched False Claims Act (FCA) cases in years, the Supreme Court unanimously decided on June 1 that when determining intent under the statute, courts must consider the state of mind of the defendant...more
6/7/2023
/ False Claims Act (FCA) ,
Health Insurance ,
Healthcare ,
Medicaid ,
Medicare ,
Pharmacies ,
Prescription Drugs ,
Reasonableness Factors ,
Safeco Insurance Co of America v Burr ,
Scienter ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
A multitude of forces are converging to remap our health care landscape—from the impact of the Dobbs decision to the controversies around transgender rights to the uncertainty around telehealth coverage as the COVID-19 public...more
4/12/2023
/ Anti-Kickback Statute ,
Continuing Legal Education ,
Dobbs v. Jackson Women’s Health Organization ,
False Claims Act (FCA) ,
Freedom of Religion ,
Gender Identity ,
Health Care Providers ,
Health Plan Sponsors ,
Healthcare Reform ,
Inducements ,
Physicians ,
Public Health Emergency ,
Risk Mitigation ,
Telehealth ,
Transgender ,
Webinars
In the long running question of whether cryptocurrency tokens are securities, the Securities and Exchange Commission (the “SEC”) has volleyed new claims against a former employee of Coinbase Global, Inc. (“Coinbase”),...more
On June 3, 2021, the White House issued a memorandum formally establishing the fight against corruption as a core national security interest. The memorandum directed the development of a presidential strategy to, among other...more
12/17/2021
/ AML/CFT ,
Anti-Corruption ,
Anti-Money Laundering ,
Beneficial Owner ,
Biden Administration ,
Bribery ,
BSA/AML ,
Corruption ,
Criminal Prosecution ,
Enforcement Priorities ,
Foreign Corrupt Practices Act (FCPA) ,
Investment Adviser ,
Money Laundering ,
Private Placements ,
Real Estate Transactions ,
Regulatory Reform ,
White Collar Crimes
In a recent article, SEC Commissioner Caroline A. Crenshaw encouraged decentralized finance (DeFi) participants to voluntarily comply with securities law regulations, in particular those governing risk disclosure, warning...more
11/12/2021
/ Bitcoin ,
Blockchain ,
Consumer Financial Products ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Digital Currency ,
Financial Instruments ,
Financial Markets ,
Financial Services Industry ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Virtual Currency
Recent action by the U.S. government reminds us that engaging in the cryptocurrency markets continues to present counterparty risk in the context of with whom you are doing business. Whether a company is buying cryptocurrency...more
“Fraudsters often seek to use national crises and periods of uncertainty to lure investors into scams. They may play off investors’ hopes and fears, as well as their charity and kindness, and may try to exploit confusion or...more
9/2/2020
/ Advertising ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Know Your Customers ,
New Rules ,
Proposed Amendments ,
Publicly-Traded Companies ,
Regulation A ,
Regulation CF ,
Securities and Exchange Commission (SEC)
Nursing homes and other post-acute healthcare providers have long been the focus of both government investigations and private plaintiffs focusing on quality of care, staffing and billing issues. Now that such facilities have...more
6/1/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Civil Liability ,
Criminal Liability ,
Department of Justice (DOJ) ,
Infectious Diseases ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Nursing Homes ,
Public Health Emergency ,
Skilled Nursing Facility ,
State Health Departments
With many banks and credit unions electing to limit Paycheck Protection Program (PPP) loans to existing customers, many nonbank lenders are scrambling to fill the gap and take part in the $349 billion program prior to the end...more
We hope this alert finds you, your families and your colleagues healthy and safe in these challenging times. The professionals in Manatt’s investigations, compliance, strategic response and white collar defense practices...more
In the latest update to the Department of Justice’s (DOJ) Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy, the agency formalized prior guidance as to how companies can voluntarily disclose information in...more
In FY 2018, the federal government won or negotiated more than $2.3 billion in healthcare fraud judgments and settlements. During that same period, investigations conducted by the Department of Health and Human Services’...more
10/3/2019
/ Anti-Kickback Statute ,
Best Practices ,
Civil Liability ,
Civil Monetary Penalty ,
Continuing Legal Education ,
Criminal Liability ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Fraud and Abuse ,
Government Investigations ,
Health Care Providers ,
Health Insurance ,
Health Plan Sponsors ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Medicare Advantage ,
OIG ,
Physicians ,
Webinars ,
Wellness Programs ,
White Collar Crimes
Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.
Originally published in...more
Applying a U.S. Supreme Court decision in the context of insurance coverage for a bank, a New York appellate court ruled that the amounts paid to the Securities and Exchange Commission (SEC) as disgorgement under a cease and...more
Editor’s Note: During fiscal year 2017, the federal government won or settled over $2.4 billion in healthcare fraud judgments and settlements. A review of False Claims Act (FCA) cases reveals that the government doesn’t focus...more
Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies and foreign individuals. The Department of Justice and the U.S. Securities and...more
Building on its efforts to encourage self-reporting of Foreign Corrupt Practices Act (FCPA) violations, the Department of Justice (DOJ) announced it will extend protections to voluntary reporting successor companies for...more
The Genesis of the Opioid Crisis -
The deaths caused by opioids in 2016 exceeded the total deaths in any single year from car accidents, gun violence and even HIV/AIDS at the height of that epidemic. Multiple factors have...more
The Promise of Data-Driven Healthcare: Megatrends for 2018 -
Editor’s Note: For state health programs, payers, providers and life sciences companies, data and analytics have become essential to facilitating efficient and...more
A recent memo issued by the U.S. Department of Justice (DOJ) sets forth the issues it considers in deciding whether to seek the dismissal of qui tam cases filed by relators, and, although written for internal government use,...more
The Eight Key Elements of Effective Compliance Programs -
Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding False...more