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Health Care Enforcement: “Tea Leaves” in the 2024 National Health Care Fraud Summer Takedown

Each summer in recent years, the U.S. Department of Justice (DOJ) and associated fraud enforcement partners have indicted many health care defendants, in multiple cases across the country. This summer continued the tradition....more

Understanding the Risk vs. Reward of Department of Justice’s Corporate Criminal Whistleblower Awards Pilot

The Securities & Exchange Commission, the Department of Health & Human Services, and other agencies have long had established bounty programs that reward successful tipsters. On August 1, 2024, the Department of Justice’s...more

Chevron’s Demise Creates New False Claims Act Defenses

The demise of Chevron opens up new potential defenses in False Claims Act (FCA) cases. On June 28, 2024, the Supreme Court, in Loper Bright Enterprises v. Raimondo, put an end to Chevron deference to agency interpretation...more

Supreme Court Rules Bribery Law Doesn’t Criminalize Gratuities — How Does that Impact the Anti-Corruption Legal Landscape?

On Wednesday, June 26, 2024, the United States Supreme Court issued a 6–3 decision in Snyder v. United States, overturning the jury conviction of an Indiana mayor under Title 18, Section 666, of the U.S. Code for accepting...more

New False Claims Act Stats Show Jump in DOJ-Driven Investigations

The Department of Justice’s (DOJ) annual False Claims Act (FCA) press release revealed that it increased self-initiated investigations for the federal fiscal year ending September 30, 2023, by 1.5 times over the prior year....more

A Review of Recent Whistleblower Developments - October 2023

Eleventh Circuit Adopts “Totality of the Circumstances” Test for Showing Protected Activity Under SOX and Denies Whistleblower Petition for Review - In Ronnie v. Office Depot, LLC, --- F.4th ----, 2023 WL 6210623 (11th Cir....more

ORI Proposes New Rulemaking for Research Misconduct Regulations

On October 5, 2023, the Office of Research Integrity (ORI) of the Department of Health and Human Services (HHS) issued a notice of proposed rulemaking to update the Public Health Service (PHS) Policies on Research Misconduct...more

A Review of Recent Whistleblower Developments - July 2023

SCOTUS to Review SOX Retaliation Case Involving Burden of Proof of Retaliatory Intent - On May 1, 2023, in Murray v. UBS Securities, LLC, No. 22-660, the United States Supreme Court granted former UBS Securities employee...more

False Claims Act Supreme Court News: Government Dismissal Authority “Not a Close Call;” Constitutionality of Qui Tam Provisions...

On June 16, 2023, the Supreme Court of the United States issued an 8–1 decision in United States ex rel. Polansky v. Executive Health Resources, Inc., pertaining to the government’s authority to dismiss False Claim Act (FCA)...more

Supreme Court Overturns FCA Scienter Cases

The Supreme Court today issued its ruling on one of the most significant False Claims Act (FCA) cases it has considered in the last several years. In the consolidated cases of United States ex rel. Schutte et al. v. SuperValu...more

A Review of Recent Whistleblower Developments - April 2023

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: Third...more

Supreme Court Grants Cert on FCA Scienter Cases

The Supreme Court has agreed to review Seventh Circuit rulings in a critical pair of False Claims Act (FCA) cases that will have a significant impact on whether FCA defendants can continue to argue that an objectively...more

Will CMS’s Proposed Rule on “Identified Overpayments” Increase Reverse FCA Cases?

On December 27, 2022, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule which, in part, seeks to amend the existing regulations for Medicare Parts A, B, C, and D regarding the standard for when an...more

Compliance Officers Lookout! DOJ and OIG Tag Team Corporate Integrity Agreements

The Office of Inspector General of the U.S. Department of the Health and Human Services (OIG) recently changed the language describing a compliance officer’s role in relation to other responsibilities he or she may have...more

Review of Recent Whistleblower Developments - October 2022

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business...more

What You Need to Know about the Corporate Transparency Act’s Final Rule

The Final Rule issued under the Corporate Transparency Act (CTA) is, as forecast, a sweeping and significant update to the U.S. anti-money laundering laws, estimated to affect over 32 million entities by requiring new reports...more

FCA Enforcement: Eighth Circuit Requires But-For Causation for Anti-Kickback FCA Violations

The Eighth Circuit Court of Appeals’ recent ruling in United States ex rel. Cairns v. D.S. Med., LLC is a significant win for defendants facing False Claims Act (FCA) claims based on alleged violation of the Anti-Kickback...more

Whistleblower Newsletter Q2 2022

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include:...more

What To Know About the New Colorado False Claims Act

On June 7, 2022, Governor Jared Polis signed into law the Colorado False Claims Act (CFCA) at Colo. Rev. Stat. Ann. § 24-31-101 et seq. The CFCA is largely based on the Federal False Claims Act (FCA), but is not an exact...more

Snackable: Food & Beverage Review

We invite you to enjoy a review of the food and beverage industry with bite size articles ranging from regulatory and real estate trends to litigation and M&A happenings. The past two years have seen significant changes...more

Review of Recent Whistleblower Developments - April 2022

Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business...more

Seventh Circuit Court of Appeals Reiterates Validity of Objective Reasonableness Defense to FCA Claims

In a 2-1 opinion issued on April 5, the Seventh Circuit Court of Appeals again held that an objectively reasonable interpretation of a relevant statute or regulation precludes the required finding of intent under the False...more

Antitrust Division Announces Update to Its Leniency Program and Revamps Answers to Frequently Asked Questions

On April 4, 2022, the U.S. Department of Justice’s Antitrust Division released updated guidance on its Leniency Program, which protects companies and employees who cooperate with the government from prosecution for their...more

“Objectively Reasonable” Interpretation Defeats FCA Knowledge in 4th Circuit

The Fourth Circuit Court of Appeals is now the latest in a growing number of courts holding that an objectively reasonable interpretation of governing law defeats the requisite element of intent or “scienter” under the False...more

DOJ Warns White Collar Bar It Is Coming After Individuals

On March 3, 2022, at the American Bar Association’s National Institute on White Collar Crime, Attorney General Merrick Garland emphasized in a keynote address the Biden Administration’s stated priority to increase corporate...more

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