News & Analysis as of

Materiality

Supreme Court Order Indicates Interest in Reviewing Campie, the False Claims Act Outlier of the Ninth Circuit

In an order issued on April 16, 2018, the U.S. Supreme Court invited the Solicitor General to file a brief “expressing the views of the United States” concerning the 2017 decision of the U.S. Court of Appeals for the Ninth...more

3rd Circuit Reopens FCA Suit Over Pittsburgh’s Use of Federal Funds

by Weiner Brodsky Kider PC on

A three-judge panel of the U.S. Court of Appeals for the Third Circuit recently decided in a non-precedential opinion that a District Court judge erred in dismissing too quickly a False Claims Act (FCA) case in which fair...more

Enforcement and Litigation Strategies: Skadden’s Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar

On March 15, 2018, Skadden hosted its Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar in Palo Alto, California, which focused on U.S. enforcement issues faced by companies throughout the industry. The...more

DOJ Memoranda Ushering in New Era for Health Care Enforcement

by Foley & Lardner LLP on

In January 2018, the Department of Justice (DOJ) issued two memoranda that, taken together, may usher in a new era of False Claims Act (FCA) enforcement in the health care industry. The first memorandum, dated January 10,...more

False Claims Act Alert - An Escobar Roundup: Falsity, Materiality, and Scienter

by WilmerHale on

In its June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), the Supreme Court held that implied certification claims are viable under the False Claims Act (FCA), but...more

SEC Provides New Far-Ranging Cybersecurity Guidance

by Mintz Levin on

The Securities and Exchange Commission (“SEC”) released expansive interpretive guidance (“2018 Guidance”), posted February 21, 2018, further building upon its far-reaching cybersecurity guidance provided in 2011. Below are...more

With Some Progress in 2017, Where Does TCCWNA Head in 2018?

by Holland & Knight LLP on

• State and federal courts in New Jersey continue to review carefully how far the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA) should be extrapolated in order to sustain claims with no adverse impact or...more

Revised SEC Guidance Concerning Disclosure of Cybersecurity Risks and Cyber Incidents

• Disclosures must inform investors about material cybersecurity risks and incidents, including addressing material cybersecurity risks for cyber-attacks that have not yet occurred. • Comprehensive policies and procedures...more

K&L Gates Triage: Triage in 2018: Health Care Topics to Watch in the New Year

by K&L Gates LLP on

We expect 2018 to be another year of rapid change within the health care industry. In this episode, Mary Beth Johnston highlights some of the key topics that the health care practice group will monitor in the coming year,...more

Déjà Vu All Over Again: SEC Provides Cybersecurity Guidance

The U.S. Securities and Exchange Commission has issued guidance on cybersecurity disclosure. Companies must establish and maintain appropriate disclosure controls and procedures to make accurate and timely disclosures of...more

SEC on Cybersecurity: Jay Clayton’s “Light Touch”

by Perkins Coie on

This week, the U.S. Securities and Exchange Commission (SEC) issued its first formal interpretative release on public company disclosure obligations relating to cybersecurity since the SEC Division of Corporation Finance’s...more

SEC Issues New Cybersecurity Guidance; Makes Clear that Cybersecurity Disclosures Are Part of Existing SEC Requirements - Guidance...

by Holland & Knight LLP on

On Feb. 21, 2018, the Securities and Exchange Commission (SEC) issued interpretive guidance on its expectations for corporate disclosures on cybersecurity risks. The guidance delineates where it believes existing SEC rules...more

SEC Issues Interpretive Guidance on Cybersecurity Disclosures

On February 21, 2018, the U.S. Securities and Exchange Commission (SEC) issued an interpretive release providing guidance for public companies relating to disclosures of cybersecurity risks and incidents. Although the...more

U.S. Securities and Exchange Commission Updates Cybersecurity Disclosure Guidance - Agency Continues to Prioritize Cybersecurity...

by Holland & Knight LLP on

• The U.S. Securities and Exchange Commission (SEC) released, on Feb. 21, 2018, updated guidance regarding public company cybersecurity disclosures. The guidance updates the Commission's 2011 non-binding guidance and...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

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

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

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

Court Vacates $350 Million FCA Jury Verdict under Escobar

by Weiner Brodsky Kider PC on

In an action brought by a relator under the False Claims Act, the U.S. District Court for the Middle District of Florida vacated a $350 million jury verdict, finding that the relator failed to provide proof that either the...more

Escobar’s Demanding Materiality Standard Nixes $350 Million Verdict Against Florida Nursing Facility

A Florida federal court threw out a $350 million jury verdict against a nursing facility, citing the Supreme Court’s landmark decision in Universal Health Services, Inc. v. United States ex rel. Escobar. The court explained...more

After Escobar, Materiality Matters

by Husch Blackwell LLP on

Contractors are now familiar with the Supreme Court’s June 2016 decision in Universal Health Services, Inc. v. United States ex rel. Escobar [PDF]. That decision recognizes False Claims Act liability for implied false...more

In Case You Missed It: Tracking Government Enforcement: The False Claims Act in 2017

The federal government continues to use the False Claims Act (FCA) as one of its prime enforcement tools against government contractors. To keep you informed on the status of the law, Bradley’s Government Enforcement and...more

ADG Insights: Top 2017 False Claims Act developments for ADG companies

by Hogan Lovells on

Through our monthly ADG Insights series, Hogan Lovells is pleased to share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors...more

Judge Cites Escobar Materiality Standard, Vacates $350 Million False Claims Act Judgment

by Jones Day on

The Situation: The False Claims Act imposes civil liability on any person or entity that "knowingly presents, or causes to be presented" to the U.S. government "a false or fraudulent claim for payment or approval." The...more

Federal Court Strikes Massive False Claims Act Verdict Following Landmark Escobar Ruling

by Morgan Lewis on

The ruling in Universal Health Services, Inc. v. Escobar "rejects a system of government traps, zaps, and zingers that permits the government to retain the benefit of a substantially conforming good or service but to recover...more

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Cybersecurity

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