News & Analysis as of

False Claims Act (FCA)

The State AG Report Weekly Update

by Cozen O'Connor on

2018 AG Elections- Maryland Attorney General Brian Frosh Announces Bid for Reelection- Maryland AG Brian Frosh declared his intention to run for reelection to a second term in 2018. Prior to his election to AG in 2014,...more

Health Update - February 2018

Hospitals and Health Systems Prepare for a Value-Based Future - Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives...more

Federal Court Allows False Claims Act Case to Continue Against Medicare Advantage Insurer

by Holland & Knight LLP on

In February of 2018, a United States District Court in the Central District of California dismissed only half of the claims in a qui tam case against United Health Group, Inc. (UHG), a Medicare Advantage plan provider. United...more

Top 7 Legal Challenges Facing Physicians And Hospitals

by Jackson Lewis P.C. on

The American Health Lawyers Association’s 2018 Physicians and Hospitals Law Institute in New Orleans focused on the legal challenges faced by physicians and hospitals. Here are the Jackson Lewis Healthcare Industry Team’s...more

Seeking Dismissal Of False Claims Qui Tam Actions – Seven Factors Clarify The Standard Of Dismissal Used By The Department Of...

The U.S. Department of Justice Civil Division (Department) issued a Memo dated January 10, 2018 (Granston Memo), directing Department of Justice attorneys to more seriously consider dismissing False Claims Act (FCA) cases...more

New DOJ Guidance Policy Limits Use of Guidance Documents in Federal Civil Actions

On January 25, 2018, Associate Attorney General Rachel Brand issued a memorandum on behalf of the U.S. Department of Justice (DOJ) (the “Brand Memo”) which effectively limits the use and enforcement power of guidance...more

Tennessee Company Skirts Customs Obligations, Pays $500,000 FCA Penalty

by Bass, Berry & Sims PLC on

This Post at a Glance - - Company made false statements related to import duty charges - Investigation initiated by whistleblower complaint from company’s competitor - Trump Administration likely to impose...more

Government Survives Dismissal of Remaining FCA Claims in Managed Care Case

by Bass, Berry & Sims PLC on

In U.S. ex rel. Poehling v. UnitedHealth Group, Inc., the U.S. District Court for the Central District of California partially granted UnitedHealth’s motion to dismiss the government’s FCA claims, which were based on the...more

A Second Judge Gives United Health A Partial FCA Victory Based On Materiality

by Arnall Golden Gregory LLP on

On February 12, 2018, a second judge in the Central District of California, Judge Michael W. Fitzgerald, dismissed, with leave to amend by February 26, 2018, counts in a False Claims Act (FCA) case alleging that UnitedHealth...more

Individual Executives Found Liable Under False Claims Act

by Weiner Brodsky Kider PC on

Following a two-week trial, a federal jury in Charleston, SC, recently found three health care company executives individually liable under the False Claims Act and Anti-Kickback Statute in connection with the submission of...more

Food and Beverage Law Update: February 2018

by Holland & Knight LLP on

Deceptive Trade Practices - Meat Exporter Had No Duty Under FCA to Pay for Beef Inspection - In United States ex rel. Barrick v. Parker-Migliorini Int'l, LLC, 878 F. 3d 1224 (10th Cir. 2017), the court affirmed...more

More Adventures In Personal Jurisdiction - Examining The BMS “Federal Court” Caveat

by Reed Smith on

With plaintiffs desperate to find some way to continue pursuing aggravated, aggregated product liability litigation in their favorite venues after Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (“Bauman”), and Bristol-Myers...more

New Tax Law Changes Deductibility of Government Settlement Payments in False Claims Act, SEC, FINRA, and Other Types of Cases

by Foley & Lardner LLP on

The new tax law changed the deductibility of settlements with government agencies in some circumstances thereby increasing the cost to companies to settle these cases. The deduction arose from the section in the Internal...more

Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases

by McDermott Will & Emery on

In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil enforcement actions,...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections- Democrat Joseph Siegelman Declares Candidacy for Alabama Attorney General- Democrat Joseph Siegelman, a Birmingham personal injury attorney and the son of former Alabama governor Don Siegelman, announced...more

Escobar Compels Florida District Court to Overturn $350 Million Jury Verdict Arising from Claims of Inadequate Documentation

Last month, a U.S. District Court in the Middle District of Florida overturned judgments totaling $347,864,285 returned by a jury under the federal False Claims Act (FCA) and Florida’s state equivalent against the owners and...more

The DOJ’s “Granston Memo,” and Its Implications for Future Dismissals of False Claims Act Cases

The recent leak of an internal U.S. Department of Justice (DOJ or Department) memorandum setting forth considerations for dismissal of civil cases brought under the False Claims Act (FCA) offers helpful guidance not only to...more

A New Year, a New, Firmer DOJ: Recently-Released Parameters for DOJ in False Claims Act Litigation

by Baker Donelson on

The U.S. Department of Justice (DOJ) kicked off the new year with two new resolutions to help clarify some enforcement and litigations policies, both of which are directly relevant to claims brought under the False Claims...more

False Claims Act Circuit Splits—FCA Issues That May Soon Reach The Supreme Court Or Lead To Congressional Amendment

• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

by Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Kickback Case Results in Jury Verdict Exceeding $50 Million

by King & Spalding on

A South Carolina jury found three individuals liable for violations of the Federal False Claims Act (FCA) in a qui tam whistleblower action in which DOJ intervened. The defendants, owners of a specialized laboratory company...more

Employment Law This Week®: NLRB Considers Case-Processing Changes, New EEOC Sexual Harassment Guidance, DOJ Memos on False Claims...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Emerging Trends in False Claims Act Enforcement: 2018 Outlook

by Holland & Knight LLP on

• While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 with a proverbial "bang" by issuing new internal guidance directing...more

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