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False Claims Act (FCA) › Punitive Damages

Sheppard Mullin Richter & Hampton LLP

There Are Limits! Reining In FCA Penalties Pursuant to the Excessive Fines Clause

Sheppard Mullin Richter & Hampton LLP on

In the high-stakes realm of False Claims Act (FCA) litigation per-claim penalties can reach daunting levels that dwarf even treble damages. A recent ruling from the Eighth Circuit Court provides valuable guidance on the...more

NAVEX

Your Questions, Answered – Mastering DOJ Compliance Guidance: Building a Strong Resilient Foundation for Your Organization's...

NAVEX on

NAVEX recently hosted a webinar in partnership with Granite GRC about the recent updates to the U.S. Department of Justice (DOJ) and the current Evaluation of Corporate Compliance Programs (ECCP). This posts answers questions...more

Smith Gambrell Russell

How A Hospital Can Assure That It Will Be Required To Pay Punitive Damages

Smith Gambrell Russell on

During the federal fiscal year ending in September, 2022, the Department of Justice collected more than $1.7 billion in False Claims Act (FCA) settlements and judgments involving fraud in Medicaid, Medicare Advantage (MA)...more

Seyfarth Shaw LLP

Federal Whistleblower Laws Collide With The Attorney-Client Privilege: The Bio-Rad Case Study

Seyfarth Shaw LLP on

Seyfarth Synopsis: Federal whistleblower laws collide with the in-house attorney-client privilege. The trial round goes to the whistleblower. The expected appellate round has still not been fought. In a February 7,...more

Manatt, Phelps & Phillips, LLP

Health Update - July 2016

Manatt, Phelps & Phillips, LLP on

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some...more

Faegre Drinker Biddle & Reath LLP

Triple Damages Sufficiently Punitive to Bar Punitive Damages

Faegre Drinker Biddle & Reath LLP on

Jennifer Gierer says she was fired because she expressed concerns about her employer’s submission of false durable medical equipment claims to Medicare. So she sued her employer and her boss, alleging (a) retaliation under...more

Morrison & Foerster LLP

The Difficulty Of Challenging FCA Fine As Excessive

Morrison & Foerster LLP on

Last month, in U.S. ex rel. Drakeford v. Tuomey, No. 13-2219, (4th Cir. July 2, 2015), the Fourth Circuit affirmed a False Claims Act verdict against a nonprofit hospital in Sumter, South Carolina. In an area of the law where...more

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