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Limiting PE Firms’ Exposure to FCA Liability for Alleged Misconduct by Portfolio Companies

There are many concerns that can keep private equity (PE) firms’ management teams up at night. Economic headwinds, geopolitical instability, and supply chain problems can change the fortunes of a PE firm and its portfolio...more

DC Taxpayers Face More Scrutiny Under New False Claims Act

On Jan. 13, 2021, District of Columbia Mayor Muriel Bowser signed the False Claims Amendment Act, which expanded liability under the Washington, D.C., False Claims Act, or FCA, to encompass tax-related claims. Originally...more

New York Receives $105 Million in Tax Revenue and Damages Under False Claims Statute, While Other States Take Steps to Remove...

In early March, New York State Attorney General Letitia James and New York City Corporation Counsel John E. Johnson announced a $105 million settlement against a hedge fund manager for tax evasion. The New York authorities...more

Amending DC’s False Claims Act: Expansion of the DC AG’s Power Through Removal of the Tax Bar

On January 13, District of Columbia Mayor Muriel Bowser signed the False Claims Amendment Act of 2020 (the Amendment), which expanded liability under the D.C. False Claims Act (D.C. FCA) to encompass tax-related claims. The...more

Anti-Kickback Statute Enforcement Year in Review and Outlook for 2021

I. Introduction - While 2020 was a year like no other in many ways, the challenges posed by the global COVID-19 pandemic do not appear to have stalled the Department of Justice’s (DOJ) health care fraud enforcement...more

Borrower Beware: First False Claims Act PPP Loan Fraud Settlement Signals More to Come

The Department of Justice (DOJ) entered into its first civil settlement for loan fraud involving the Paycheck Protection Program (PPP). On January 12, the U.S. Attorney’s Office for the Eastern District of California...more

Fraud Emerges as Telemedicine Surges: Compliance Guidance for Telemedicine Providers

Telemedicine providers – whether they are established or new to the space – should examine the type of conduct DOJ has recently focused on and adapt their compliance systems accordingly. Providers should also consider the...more

False Claims Act Update: Third Circuit Widens First-to-File Circuit Split

Last week, in the In re Plavix decision, the Third Circuit addressed the question of whether relators can be added or substituted in an amended complaint and, in the process, weighed in on whether the first-to-file bar is...more

Lessons From the DOJ: How Recent Guidance and Cases Can Help You Avoid Government Interference With Your Business

The initiation of a government investigation is often a stressful and anxiety-producing event for a health care company. The Department of Justice (DOJ) is known for its aggressive investigation and prosecution of health care...more

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