On April 8, 2020, the Office of Assistant Secretary for Health (OASH), in the U.S. Department of Health and Human Services (HHS) issued Guidance for Licensed Pharmacists, COVID-19 Test, and Immunity Under the PREP...more
The Secretary of HHS issued a public health emergency declaration, effective February 4, 2020, regarding COVID-19. The impact of that declaration is to trigger certain targeted liability immunity provisions under the Public...more
Government recoveries under False Claims Act (FCA) enforcement grew slightly in fiscal year (FY) 2019 to just over $3 billion.
Companies operating in the Aerospace, Defense, and Government Services (ADG) industry continue...more
2/3/2020
/ Aerospace ,
Airlines ,
Defense Contracts ,
Defense Sector ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud and Abuse ,
Information Technology ,
OEM ,
Software
What starts online won't stop there -
There aren't many college basketball games that change the share price of a Fortune 100 company. But in February 2019, Duke University freshman star Zion Williamson blew out one of his...more
1/3/2020
/ Airplane Accidents ,
Attorney-Client Privilege ,
Aviation Industry ,
Best Practices ,
Blackberry ,
Boeing ,
CEOs ,
Crisis Management ,
Electronically Stored Information ,
Email ,
Evidence ,
Federal Aviation Administration (FAA) ,
Leadership ,
Mobile Devices ,
Nike ,
Public Relations ,
Reputation Management ,
Risk Management ,
Securities Fraud ,
Sports ,
Sports Apparel ,
Stock Prices ,
Technology Sector ,
Telecommunications ,
Termination
On November 20, 2019, the U.S. Department of Justice (DOJ) announced several subtle, but important, adjustments to its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy. These recent changes relate to...more
Through ADG Insights, we share with you the top legal and political issues affecting the Aerospace, Defense, and Government Services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients...more
11/22/2019
/ Aerospace ,
Cybersecurity ,
Defense Sector ,
False Claims Act (FCA) ,
Federal Contractors ,
NIST ,
Pricing Requirements ,
Qui Tam ,
Risk Management ,
Supply Chain ,
Whistleblowers
More than two years after the Northern District of Alabama granted summary judgment in a False Claims Act (FCA) case in favor of AseraCare Inc., holding that “contradiction based on clinical judgment or opinion alone cannot...more
9/11/2019
/ Bifurcation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
False-Certification of Conformance ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Life Sciences ,
Medicare ,
Physicians ,
Qui Tam ,
Remand ,
Terminal Illness Treatments ,
Vacated ,
Whistleblowers
In a May 17, 2019 press report that has been widely distributed in Brazil and the United States, Brazilian Federal Prosecutor Marisa Ferrari confirmed that the U.S. Federal Bureau of Investigation (FBI), the U.S. Department...more
5/21/2019
/ Brazil ,
Bribery ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Foreign Corrupt Practices Act (FCPA) ,
Government Investigations ,
Kickbacks ,
Medical Devices ,
Multinationals ,
Pharmaceutical Industry ,
Popular ,
Price-Fixing ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
In a recent decision that could have critical implications for corporate internal investigations conducted pursuant to a government agency’s request, the Southern District of New York expressed concern with the government’s...more
5/8/2019
/ Anti-Manipulation Rule ,
CFTC ,
Cooperation Agreement ,
Corporate Investigations ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Deutsche Bank ,
Internal Investigations ,
Libor ,
Securities and Exchange Commission (SEC) ,
White Collar Crimes
The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do...more
1/22/2019
/ Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Fraud ,
Health Information Technologies ,
Implied Certification ,
Materiality ,
Qui Tam ,
SCOTUS ,
Settlement Agreements ,
Universal Health Services Inc v United States ex rel Escobar ,
US Trade Policies ,
Whistleblowers
Government attorneys now have additional discretion in False Claims Act (FCA) civil cases to award cooperation credit to a corporation that meaningfully assists the government’s investigation without necessarily identifying...more
12/4/2018
/ Cooperation Agreement ,
Corporate Crimes ,
Corporate Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Government Investigations ,
Policy Statement ,
Qui Tam ,
White Collar Crimes ,
Willful Misconduct ,
Yates Memorandum
When a legal team needs to find the facts behind fraud and corruption allegations in a government investigation, technology can drive substantial new efficiencies. ...more
A new plea bargaining system – offering reduced penalties to companies that report certain violations and cooperate with government investigations – will come into effect in Japan this June, reflecting an amendment to the...more
The False Claims Act, 31 U.S.C. §§ 3729-3733, continues to pose unique liability risk for aerospace, defense, and government services (ADG) companies that directly or indirectly conduct business with the U.S. Government. In...more
4/18/2017
/ Aerospace ,
Ambiguous ,
Civil Monetary Penalty ,
Defense Sector ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Materiality ,
Qui Tam ,
Statistical Sampling ,
Successor Liability ,
Trump Administration ,
Veto Rights ,
Whistleblowers