On October 4, Deputy Attorney General (DAG) Lisa Monaco announced the Department of Justice’s (DOJ) new Safe Harbor Policy for voluntary self-disclosures made in connection with mergers and acquisitions (M&A). This policy is...more
11/10/2023
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Due Diligence ,
Merger Controls ,
Safe Harbors ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Explore the complex intersection of agency inquiries and workplace confidentiality in this episode of the Hiring to Firing Podcast. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partner Abbey Hazlett to delve...more
In today’s pharmacy world, most pharmacies, whether large national chains or small regional businesses, are required to hold licenses and registrations in several states. Unfortunately, there is no universal pharmacy license...more
United States ex rel. Polansky v. Executive Health Resources, Inc. (S. Ct. June 16, 2023) -
The vast majority of False Claims Act cases are initiated by private parties, known as relators, not the government. In fact,...more
6/28/2023
/ Department of Justice (DOJ) ,
EHR ,
False Claims Act (FCA) ,
Federal Jurisdiction ,
FRCP 41 ,
Healthcare Fraud ,
Medicare ,
Qui Tam ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc
With methods of professional communication constantly evolving, the U.S. Department of Justice (DOJ) recently revised its Evaluation of Corporate Compliance Programs to address how prosecutors should evaluate the ways that...more
As recently discussed here, on September 15, Deputy Attorney General Lisa Monaco issued a memorandum outlining further revisions to the Department of Justice's (DOJ) criminal enforcement policies and practices. This latest...more
In 2021, the Department of Justice (DOJ) obtained more than $5.6 billion in False Claims Act settlements and judgments — the largest amount since 2014 and the second largest amount recorded. This number is inflated by the...more
On October 28, Deputy Attorney General Lisa Monaco announced that corporate monitors will once again play a key role in Department of Justice (DOJ) enforcement actions, stating that DOJ is “committed to imposing monitors...more
The Supreme Court denied a closely watched petition to review the Third Circuit’s decision in United States ex rel. Druding v. Care Alternatives, a False Claims Act (FCA) case that created a circuit split around whether and...more
As 2020 drew to a close, Indivior PLC, a global pharmaceutical company and manufacturer of the opioid treatment Suboxone, was sentenced in the U.S. District Court for the Western District of Virginia for making false...more
Despite 2020 being an unprecedented and challenging year for business, the government has not slowed down its record-breaking enforcement actions. In late October, the U.S. Department of Justice (DOJ) and Securities and...more
On July 3, 2020, the U.S. Department of Justice and the Securities and Exchange Commission issued a Second Edition of the Resource Guide to the U.S. Foreign Corrupt Practices Act (the Guide), representing the Guide’s first...more
On June 1, the U.S. Department of Justice updated its guidance on the Evaluation of Corporate Compliance Programs (DOJ Compliance Guidance). While the changes are modest, they reflect DOJ’s evolving expectations regarding...more
Before the government decides whether to intervene in a qui tam action, it is obligated by statute to investigate a whistleblower’s allegations. See 31 U.S.C §?3730(a). But, in the course of that investigation, may the...more
3/5/2020
/ Anti-Kickback Statute ,
Audio Recording ,
Discovery ,
Distributors ,
Evidence ,
False Claims Act (FCA) ,
Government Investigations ,
Internal Communications ,
Intervening Acts ,
Kickbacks ,
Motion to Dismiss ,
Physicians ,
Qui Tam ,
Rules of Professional Conduct ,
Secret Recordings ,
Statutory Violations ,
Whistleblowers
On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more
9/13/2019
/ Bifurcation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Expert Witness ,
False Billing ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Life Sciences ,
Medicare ,
Objective Falsity ,
Physician Medicare Reimbursements ,
Physicians ,
Professional Liability ,
Remand ,
Scienter ,
Statistical Analysis ,
Sua Sponte ,
Terminal Illness Treatments ,
Whistleblowers
On August 6, the U.K. Serious Fraud Office (SFO) issued new guidance formalizing its policy on corporate cooperation. Although the SFO makes no promises, the new policy serves as a useful road map for any company attempting...more
The Pennsylvania Supreme Court has adopted a new, expanded standard for preserving the protections of the attorney work-product doctrine, codified at Pennsylvania Rule of Civil Procedure 4003.3. This decision has implications...more
In an unanimous decision in Cochise Consultancy, Inc. v. United States ex rel. Hunt, the U.S. Supreme Court settled a circuit split and gave qui tam relators more time to file actions alleging violations of the False Claims...more
6/11/2019
/ Appeals ,
Cochise Consultancy Inc v United States ex rel Hunt ,
False Claims Act (FCA) ,
First-to-File ,
Government Officials ,
Intervenors ,
Oral Argument ,
Qui Tam ,
Relators ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
It is nearly inevitable that at some point every company will receive an internal allegation of wrongdoing that will require the company to conduct an investigation. This primer on internal investigations raises key issues...more
The Supreme Court has made it clear that, even at the pleadings stage, relators (or the government) must plead facts to support materiality with plausibility and particularity.
For False Claims Act (FCA) defendants who...more
7/11/2016
/ Conditions of Payment ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Federal Contractors ,
Fraud ,
Health Care Providers ,
Implied Certification ,
Material Misrepresentation ,
Materiality ,
Medicaid ,
Mental Health ,
SCOTUS ,
Universal Health Services Inc v United States ex rel Escobar ,
Unlicensed Medical Providers