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Misrepresentation False Claims Act (FCA)

Pietragallo Gordon Alfano Bosick & Raspanti,...

No Harm, Still Foul: Supreme Court Affirms Expansive Reach of Wire Fraud Statute in Kousisis

In a recent decision upholding the expansive reach of the federal wire fraud statute (18 U.S.C. §1343), the U.S. Supreme Court ruled in Kousisis v. United States, No. 23-909 (May 22, 2025) that a defendant can be convicted of...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part II)

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As detailed in Part I of our three-part series on Minimizing Customs Enforcement and False Claims Act Risks, the combination of the new high-tariff environment, the heightened ability of Customs (and the general public) to...more

Foley & Lardner LLP

Court Relies on Contractual Terms to Dismiss Dealership Suit Against Auto Manufacturer

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Decozen Chrysler Jeep Corp. (“Decozen”), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC (“FCA”), in U.S. District Court for the District of New Jersey alleging that FCA...more

ArentFox Schiff

Investigations Newsletter: Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions

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Federal Government Urges Court of Appeals to Uphold Constitutionality of FCA Qui Tam Provisions - In a brief filed earlier this week, the US federal government has urged the Eleventh Circuit Court of Appeals to uphold the...more

ArentFox Schiff

Investigations Newsletter: San Diego Physician and Medical Practice Pay $3.8 Million to Resolve FCA Allegations

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San Diego Physician and Medical Practice Pay $3.8 Million to Resolve FCA Allegations- San Diego-based physician Dr. Janette J. Gray and her former medical practice, The Center for Health & Wellbeing, agreed to pay $3.8...more

Mintz - Health Care Viewpoints

Federal District Court Holds FCA’s Private Whistleblower Provisions Unconstitutional

On September 30, 2024, a federal district court judge held that the qui tam provisions of the False Claims Act (FCA) violate the Appointments Clause of Article II of the Constitution. U.S. ex rel. Zafirov v. Fla. Med....more

ArentFox Schiff

Investigations Newsletter: Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional

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Florida Federal Judge Strikes Down FCA’s Qui Tam Provision as Unconstitutional - On September 30, US District Judge Kathryn Kimball Mizelle of the Middle District of Florida held in a historic decision that the federal...more

Fox Rothschild LLP

FCA 101: Falsity

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To prove a False Claim under the False Claims Act (FCA), the government or relator must establish three elements: 1.Falsity; - 2.Knowledge; and - 3.Materiality. In this blog post, we will explore the Falsity element. ...more

BakerHostetler

(Cyber)Security Theater 101 - Georgia Tech, a Teachable Moment

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On August 22, 2024, the United States intervened in a whistleblower suit against the Georgia Institute of Technology, initially filed by current and former members of Georgia Tech’s cybersecurity team, alleging that Georgia...more

Holland & Knight LLP

Small Business Subcontracting Plans: Do Lessors Need Them, and What Do They Do?

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First-time landlords to the government are often overwhelmed by the number of Federal Acquisition Regulation (FAR) and General Services Acquisition Regulation (GSAR) clauses included in government leases. The compliance...more

Davis Wright Tremaine LLP

The Dangers of Defrauding the Government: Recent Cases Confirm Fraudulent Contractors May Face Civil and Criminal Penalties

It should go without saying that contractors should do their best to avoid lying to the government in the bidding and performance of federal contracts. The government has a host of remedies available to ensure contractors who...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 18, 2023)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Proskauer - Health Care Law Brief

The Supreme Court’s Ruling Narrows Available FCA Scienter Defenses

In a unanimous opinion, the United States Supreme Court (“Court”) recently held that the False Claims Act’s (“FCA”) scienter requirement refers to a defendant’s knowledge and subjective beliefs, rather than what a...more

WilmerHale

Supreme Court Holds That False Claims Act Requires Subjective Inquiry

WilmerHale on

On June 1, 2023, the Supreme Court decided a pair of closely watched False Claims Act (FCA) cases, U.S. ex rel. Schutte v. SuperValu Inc., No. 21-1326, and U.S. ex rel. Proctor v. Safeway, Inc., No. 22-111....more

Husch Blackwell LLP

DOJ Posts Near-Record Year of False Claim Act Settlements and Judgments

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On February 7, 2023, the Department of Justice (DOJ) announced that settlements and judgments under the False Claims Act exceeded $2.2 billion during the 2022 fiscal year and that the government posted its second-highest...more

Morrison & Foerster LLP - Government...

Supreme Court To Consider The False Claims Act’s Intent Standard

On Friday, January 13, the Supreme Court agreed to consider whether the False Claims Act (“FCA”) covers compliance lapses tied to regulatory interpretations that are incorrect but “objectively reasonable.” The Supreme Court...more

Oberheiden P.C.

10 Top DFARS Compliance Mistakes to Avoid in 2024

Oberheiden P.C. on

The Defense Federal Acquisition Regulation Supplement (DFARS) is a set of rules that apply to federal defense contractors with access to Controlled Unclassified Information (CUI) and Covered Defense Information (CDI). Defense...more

Bass, Berry & Sims PLC

Buyer Beware: Settling FCA Allegations Costs Manufacturer $5.2 Million

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Numet Machining Techniques, a Connecticut-based machined parts manufacturer for commercial and military aerospace engines, recently agreed to pay $5.2 million to settle alleged violations of the False Claims Act (FCA) for...more

Cozen O'Connor

Connecticut AG Tong Sues Reynolds over False Trash Bag Recyclability Claims

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Connecticut AG William Tong sued Reynold Consumer Products, Inc. and Reynolds Consumer Products LLC (collectively “Reynolds”), maker of Hefty brand trash bags, over allegations that Reynolds falsely and deceptively marketed...more

Cozen O'Connor

FTC Sues Shoe Company Over Unsubstantiated Pain Relief Claims

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The Federal Trade Commission sued Gravity Defyer Medical Technology Corporation and its owner, Alexander Elnekaveh, (collectively, “Gravity Defyer”) over allegations that Gravity Defyer made extensive false claims of unproven...more

WilmerHale

Fourth Circuit’s Decision Bolsters Trend Toward Objective Scienter Standard Under the False Claims Act

WilmerHale on

On January 25, 2022, in United States ex rel. Sheldon v. Allergan Sales, LLC, a divided panel of the U.S. Court of Appeals for the Fourth Circuit held that a defendant accused of violating the False Claims Act (FCA) by...more

Wiley Rein LLP

2021 FCA Recoveries Bounce Back from Decade-Low . . . Maybe

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On February 1, the U.S. Department of Justice (DOJ) announced the second-largest annual total recoveries in the history of the False Claims Act (FCA)—$5.6 billion—for FY 2021 (October 2020 – September 2021)...more

Rivkin Radler LLP

Insurance Update - October 2021

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Here’s our October Insurance Update. The Sixth Circuit had insurance on its mind this past month. Three of the decisions we discuss in our update are from that court. First, the Sixth Circuit joins the Eighth and...more

Cozen O'Connor

FTC Continues Crackdown On Fake Claims About CBD

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The Federal Trade Commission (“FTC”) reached a settlement with cannabidiol (“CBD”) products retailer Kushly Industries LLC and its sole officer (collectively, “Kushly”) to resolve allegations that Kushly made unsubstantiated...more

ArentFox Schiff

Investigations Newsletter: Where’s the Beef? Two Charged with $650 Million Cattle Ponzi Scheme

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Where’s the Beef? Two Charged with $650 Million Cattle Ponzi Scheme - On May 12, the Department of Justice (DOJ) announced that a federal district court in Colorado unsealed an indictment alleging that two individuals ran...more

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