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Bradley Arant Boult Cummings LLP

Eleventh Circuit Further Clarifies its “Reliable Indicia” Pleading Standard Under the False Claims Act

It has long been the law of the Eleventh Circuit that, under the False Claims Act (FCA) and Federal Rule of Civil Procedure 9(b), a relator must provide sufficient “indicia of reliability … to support the allegation of an...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Second Circuit Expands Anti-Kickback Statute Liability: “At Least One Purpose” is Enough

In a significant ruling, the Second Circuit Court of Appeals recently expanded the scope of the Anti-Kickback Statute (AKS).The Court joined other circuit courts across the country in adopting, for the first time, the...more

McDermott Will & Emery

Court Holds That False Claims Act’s Qui Tam Provision Is Unconstitutional

McDermott Will & Emery on

On September 30, 2024, the US District Court for the Middle District of Florida dismissed a False Claims Act (FCA) case on the grounds that the qui tam provision of the FCA is unconstitutional. This ruling will almost...more

Schwabe, Williamson & Wyatt PC

Florida Court Upsets Qui Tam Balance in Landmark FCA Ruling

The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The...more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Bradley Arant Boult Cummings LLP

Overruled: Court Denies Relator’s Objection to False Claim Act Settlement

Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant pursues the arduous...more

Mintz - Health Care Viewpoints

Perspective on DOJ Pivot on FCA Enforcement Policy

Two new DOJ policies about False Claims Act enforcement became public last week. First, DOJ’s Associate Attorney General announced a new civil enforcement policy that instructs False Claims Act litigators not to use any...more

Jones Day

2017 Statistics Again Show Massive Recoveries in False Claims Act Cases

Jones Day on

Newly released statistics illustrate that 2017 brought continued False Claims Act enforcement. The Department of Justice announced that it recovered more than $3.7 billion from all False Claims Act cases in fiscal year...more

Jones Day

New DOJ Guidance May Signal Greater Willingness to Dismiss Qui Tam Cases

Jones Day on

Although historically reluctant to seek dismissal of qui tam actions filed under the False Claims Act ("FCA"), the Department of Justice ("DOJ") recently issued an eight-page memorandum providing guidance to DOJ attorneys...more

Foley & Lardner LLP

Leaked DOJ Memo Indicates New Government Focus on Dismissing Meritless False Claims Act Cases

Foley & Lardner LLP on

In a January 10, 2018 memo that leaked last week (the “Granston Memo”), the U.S. Department of Justice (“DOJ”) directs its prosecutors to more seriously consider dismissing meritless False Claims Act (“FCA”) cases brought by...more

Morgan Lewis

DOJ Memorandum Supports Government Dismissal of Qui Tam False Claims Act Cases

Morgan Lewis on

In a recent memorandum, the US Department of Justice provided guidance to its attorneys on when they should seek dismissal of False Claims Act cases filed by relators. This appears to be the first directive advising DOJ...more

Morrison & Foerster LLP

California Lawyer 2015 Roundtable Series – False Claims Act

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

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