Corporate resolution policy will provide greater clarity and predictability for companies that self-report and cooperate with DOJ.
Key Points:
..The new policy requires DOJ civil and criminal prosecutors to coordinate...more
The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount.
Settlements under the False Claims Act (FCA), which often...more
Key Points:
- DOJ is reviewing and reevaluating numerous corporate enforcement policies, including the “Yates Memo,” the FCPA Pilot Program, and policies on corporate monitors.
- Policies will be codified in official...more
Court of Appeals panel rules use of statistical sampling is inappropriate for interlocutory appeal, leaving FCA litigants without any direct appellate court guidance.
In the closely watched case United States ex rel....more
A serious shift of focus to individual accountability may impact traditional corporate defense and settlement tactics.
On September 9, 2015, the Department of Justice (DOJ) issued a set of guidelines that formally revise...more
Court has the opportunity to assess the use of statistical sampling/extrapolation as a method to prove FCA liability or damages.
Courts require that plaintiffs prove each element of a legal claim with evidence — mere...more