News & Analysis as of

False Claims Act (FCA) › Toxic Substances Control Act (TSCA)

Bass, Berry & Sims PLC

Failure to Voluntarily Self-Report is a "Non-starter" under the FCA

Bass, Berry & Sims PLC on

On July 5, 2019, the D.C. Circuit Court of Appeals affirmed dismissal of a qui tam lawsuit against several chemical manufacturers that set forth a unusual theory of liability: the relator alleged that the manufacturers...more

Latham & Watkins LLP

D.C. Circuit: No FCA Liability for Unassessed Regulatory Penalties

Latham & Watkins LLP on

Kasowitz decision precludes use of the False Claims Act to usurp regulators’ role and collect bounties for never-adjudicated violations. The United States Court of Appeals for the D.C. Circuit issued a decision in United...more

Jones Day

D.C. Circuit Rejects Novel Theory of Reverse False Claims Liability for Reporting Violations

Jones Day on

The Situation: In U.S. ex rel. Kasowitz Benson Torres LLP v. BASF Corporation, the relator alleged reverse false claims liability under the False Claims Act ("FCA") for the defendants' purported failure to comply with...more

Pillsbury - Gravel2Gavel Construction & Real...

Potential And Contingent Penalties Are Not Obligations Under The False Claims Act

Pillsbury - Gravel2Gavel Construction & Real... on

On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth...more

Dorsey & Whitney LLP

DuPont Appeal May Clarify What Constitutes a Reverse False Claim “Obligation”

Dorsey & Whitney LLP on

On January 20, a federal district court in Louisiana certified for appeal its 2014 ruling denying defendant DuPont’s motion for summary judgment, thereby permitting DuPont to seek appellate review of the district court’s...more

Fenwick & West LLP

The UK Modern Slavery Act and Supply Chain Responsibility

Fenwick & West LLP on

In October 2015, the UK Modern Slavery Act (MSA) became effective, which requires all companies doing business in the UK with worldwide turnover of at least £36 million (or approximately $51 million as of the date of this...more

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