Over the last six months, the U.S. Department of Justice (DOJ) has remained vigilant in pursuing cybersecurity-related fraud under its Civil Cyber-Fraud Initiative first announced in October 2021. As we have previously...more
In the latest edition of our False Claims Act Guide: 2023 and the road ahead, we analyze the key developments from 2023 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more
2/14/2024
/ Anti-Kickback Statute ,
Cybersecurity ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Health Care Providers ,
Medicaid ,
Popular ,
Private Equity Firms ,
Qui Tam
On June 16, 2023, the Supreme Court issued its second opinion on the False Claims Act (the FCA or the Act) during this term of the Court. The Court held that the Department of Justice has broad, but not unfettered, authority...more
On June 1, 2023, the U.S. Supreme Court issued its highly anticipated opinion in the most watched False Claims Act (FCA) case in years.
The Court granted cert in U.S. ex rel. Schutte v. SuperValu, Inc. and U.S. ex rel....more
Tenth Circuit recently emphasized that the liability imposed under the False Claims Act (FCA) is predicated on a rigorous materiality requirement. Upholding dismissal of a qui tam complaint based on allegations of false...more
Through Aerospace & Defense Insights, we share with you the top legal and political issues affecting the aerospace and defense (A&D) industry. Our A&D industry team monitors the latest developments to help our clients stay in...more
In the latest edition of our False Claims Act Guide: 2021 and the road ahead, we analyze the key developments from 2021 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to...more
The United States Court of Appeals for the Fourth Circuit recently affirmed a $114 million judgment in a protracted, and hotly contested, suit filed under the qui tam provisions of the False Claims Act (FCA) against the owner...more
The federal government’s recoveries from investigations and cases involving the False Claims Act (FCA) fell in fiscal year (FY) 2020 to US$2.2 billion from US$3.05 billion in FY2019. However, with an influx of approximately...more
3/16/2021
/ Aerospace ,
Aviation Industry ,
Biden Administration ,
Construction Project ,
Critical Infrastructure Sectors ,
Defense Sector ,
Engineering ,
False Claims Act (FCA) ,
Federal Contractors ,
Goods or Services ,
Information Technology ,
Shipping ,
Software ,
Supply Chain
On June 25, 2020, the United States Court of Appeals for the Eleventh Circuit reversed one of the most noted False Claims Act (FCA) decisions to have been handed down in a decade and reinstated most of a 2017 jury verdict...more
On Monday, March 30, the Centers for Medicare & Medicaid Services (CMS) announced an array of temporary regulatory waivers and new rules to equip the American health care system with maximum flexibility to respond to the...more
On November 5, 2019, the United States District Court for the Eastern District of Pennsylvania ruled on a motion to dismiss a False Claims Act (FCA) qui tam suit filed by the United States Department of Justice, long after it...more
12/11/2019
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
False Billing ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Fraud ,
Healthcare Reform ,
Hospitals ,
Inpatient Billing ,
Medicare ,
Motion to Dismiss ,
Outpatient Services ,
Qui Tam ,
Regulatory Burden ,
Regulatory Requirements ,
Summary Judgment ,
Two-Midnight Rule
On October 28, 2019 the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) released a Memorandum of Understanding (MOU) announcing their joint approach to False Claims Act (FCA)...more
11/6/2019
/ Administrative Proceedings ,
Administrative Review Board ,
Consumer Financial Products ,
Department of Justice (DOJ) ,
Depository Institutions ,
Enforcement Actions ,
Enforcement Authority ,
Failure to Comply ,
False Claims Act (FCA) ,
Federal Housing Administration (FHA) ,
Financial Services Industry ,
HUD ,
Memorandum of Understanding ,
Mortgage Insurance ,
Mortgage Lenders ,
Mortgages ,
Penalties ,
Qui Tam ,
Regulatory Standards ,
Regulatory Violations ,
Remedies ,
Taxonomy
More than two years after the Northern District of Alabama granted summary judgment in a False Claims Act (FCA) case in favor of AseraCare Inc., holding that “contradiction based on clinical judgment or opinion alone cannot...more
9/11/2019
/ Bifurcation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Billing ,
False Claims Act (FCA) ,
False-Certification of Conformance ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Life Sciences ,
Medicare ,
Physicians ,
Qui Tam ,
Remand ,
Terminal Illness Treatments ,
Vacated ,
Whistleblowers
Continuing its recent trend of revising and issuing new white collar enforcement guidance, the U.S. Department of Justice (DOJ) on Tuesday announced a new policy governing when cooperation credit should be given to the...more
Through ADG Insights, we share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients...more
The pace of False Claims Act (FCA) litigation remained furious over the past year. Companies (and individuals) in all sectors of the economy continue to face the ever-present threat of FCA enforcement whenever they do...more
1/22/2019
/ Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Enforcement Actions ,
False Claims Act (FCA) ,
False Implied Certification Theory ,
Fraud ,
Health Information Technologies ,
Implied Certification ,
Materiality ,
Qui Tam ,
SCOTUS ,
Settlement Agreements ,
Universal Health Services Inc v United States ex rel Escobar ,
US Trade Policies ,
Whistleblowers
For the second time in as many weeks, a federal appellate court has held that a doctor’s medical judgment can be “false.” Two weeks ago, the Sixth Circuit reversed a judgment that had acquitted a cardiologist charged with...more
In a decision that highlights the overlap of international trade obligations and False Claims Act (FCA) jurisprudence, a federal judge recently dismissed an FCA suit because the whistleblower’s claims, against an importer of...more
6/7/2018
/ Administrative Proceedings ,
Anti-Dumping Duty ,
Bureau of Industry and Security (BIS) ,
China ,
Civil Monetary Penalty ,
Countervailing Duties ,
Customs and Border Protection ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Immigration and Customs Enforcement (ICE) ,
Importers ,
Imports ,
Steel Industry ,
Tariff Act of 1930 ,
Whistleblowers
The House and Senate Conference Committee version of The Tax Cut and Jobs Act, which is expected to become law, contains a proposed amendment to the Internal Revenue Code that would alter the tax treatment of payments made...more
Tuesday, the Fourth Circuit Court of Appeals ruled in the interlocutory appeal in United States ex rel. Michaels v. Agape Senior Community, Inc.. In an opinion considering two significant questions arising under the qui tam...more
2/16/2017
/ Appeals ,
Extrapolation ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare Fraud ,
Hospice ,
Medicare ,
Nursing Homes ,
Qui Tam ,
Settlement ,
Statistical Sampling ,
Veto Rights