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DOJ Reports Record Number of New False Claims Act Matters, Recoveries for 2023

Our False Claims Act (FCA) Team examines the Department of Justice’s increased focus on enforcement of the FCA, especially in health care matters. The DOJ initiated over 1,000 FCA matters in one year for the first time....more

HHS Places Additional Limits on the Use of Guidance Documents

Our Health Care Litigation Group reviews a second rule in as many months from the Department of Health and Human Services regulating the use of its own guidance documents....more

Telehealth Turbulence: Explosive Expansion Coincides with Emerging Enforcement Priorities

Loosening regulations on telehealth during the coronavirus pandemic has, unsurprisingly, led to a boom in telehealth use. At the same time, telehealth has emerged as a key enforcement initiative of the Department of Justice...more

COVID-19: A Tipping Point for Telehealth Expansion

Federal agencies have relaxed telehealth regulations to improve and expedite patient care during the coronavirus (COVID-19) pandemic. Our Health Care and Health Care Litigation Groups explore how to take advantage of remote...more

DOJ Issues Guidance on Earning Credit to Reduce False Claims Act Liability

Our White Collar, Government & Internal Investigations Team examines the newest guidance from the Department of Justice on earning credit to reduce False Claims Act liability....more

DOJ Updates Guidance on Evaluating Corporate Compliance Programs

The Department of Justice Criminal Division revised and shuffled two-year-old guidance to help prosecutors evaluate corporate compliance policies when making charging decisions. Our White Collar, Government & Internal...more

DOJ to Dismiss False Claims Act Lawsuit After Supreme Court Review

An amicus brief in an FCA suit indicates that the government is serious about applying the Granston Memo and invoking its statutory authority to dismiss cases. Our White Collar, Government & Internal Investigations and Health...more

Data Mining Relators: False Claims Act Cases Based on Analysis of Government Data

Our Government & Internal Investigations Team analyzes the use of data analytics by relators and the government in False Claims Act cases and other enforcement actions in the health care industry....more

DOJ Releases Guidance on Compliance Programs

In February 2017, the Fraud Section of the Department of Justice’s Criminal Division published guidance on how it assesses corporate compliance programs. This is the first formal guidance issued by the Fraud Section under the...more

Supreme Court Seeks Meaning in Falsity and Fraud in the False Claims Act

Oral arguments were heard Tuesday, April 19th by the U.S. Supreme Court in one of the most significant False Claims Act (FCA) cases the Court has dealt with in decades on an issue with very real impact on whistleblower suits...more

DOJ Revises the FCPA Resource Guide

In June 2015, the Department of Justice and the Securities and Exchange Commission (SEC) published revisions to their jointly issued A Resource Guide to the U.S. Foreign Corrupt Practices Act. The Resource Guide, initially...more

Supreme Court Decision in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter

Last Tuesday, the U.S. Supreme Court issued its opinion in Kellogg Brown & Root Services, Inc. (KBR) v. United States ex rel. Carter, resolving two questions that had previously divided lower courts interpreting the federal...more

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