With the second Trump administration holding the reins of the executive branch, companies should brace for a renewed focus on trade enforcement. The administration has already begun to expand tariffs on a variety of items...more
In a ruling eagerly awaited by the cryptocurrency industry, the US Court of Appeals for the Fifth Circuit held that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not “property” subject...more
With real estate market conditions continuing to remain in flux, many developers and operators of real estate have been left searching for new partners and capital providers to finance acquisitions and development. One option...more
In a new decision that could have a significant impact on the persistent efforts of relators to reach otherwise lawful conduct and characterize it as a violation of the Anti-Kickback Statute (AKS), the US Court of Appeals for...more
A recent decision by a federal district court affirmed the ability of defendants in False Claims Act actions brought by qui tam relators to assert counterclaims against relators. The court’s opinion highlights the opportunity...more
During remarks to False Claims Act (FCA) practitioners on February 22 in Washington, DC, and in an accompanying press release, Department of Justice (DOJ) Principal Deputy Assistant Attorney General Brian Boynton announced...more
The Division of Enforcement of the US Commodity Futures Trading Commission (CFTC or Commission) published on October 17, 2023 an advisory to assist its staff in recommending future enforcement resolutions to the Commission...more
Gone are the days of the False Claims Act (FCA) being associated primarily with defense and other government contractors. Amendments to the Civil War–era statute have expanded the FCA’s reach and emboldened the US Department...more
The United States Supreme Court held on June 1 that the False Claims Act’s (FCA) scienter element requires analysis of the defendant’s subjective intent at the time of the alleged false claim, and that a defendant can be...more
6/5/2023
/ Drug Pricing ,
Fair Credit Reporting Act (FCRA) ,
False Claims Act (FCA) ,
Medicaid ,
Medicare ,
Prescription Drugs ,
Scienter ,
SCOTUS ,
Subjective Standard ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
New York Governor Kathy Hochul recently signed into law new legislation expanding the reach of the New York False Claims Act (NYFCA) to entities that fail to file tax returns in New York. Unlike the federal False Claims Act...more
The US Supreme Court heard oral arguments on April 18 in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway Inc., companion cases that raise the important question of whether, under...more
In what could be the most significant development for False Claims Act (FCA) jurisprudence since Universal Health Services v. United States ex rel. Escobar, on January 13, 2023, the US Supreme Court agreed to consider whether...more
The Consumer Financial Protection Bureau (CFPB or Bureau) has proposed a registry in which certain nonbank financial institutions must deposit copies of certain federal, state, and local orders. The proposed rule would also...more
The House of Representatives and the Senate took the first steps in response to the collapse of FTX this week. The Senate Agriculture Committee has announced a hearing at which the chair of the Commodity Futures Trading...more
Bahamian regulators froze accounts belonging to FTX, one of the world’s largest centralized cryptocurrency exchanges, on November 10. Shortly thereafter, and amid large-scale customer withdrawals, the founder and chief...more
The new Inflation Reduction Act includes a $27 billion Greenhouse Gas Reduction Fund that will support competitive grants to national and local “green banks,” which will use the money to invest in projects and innovations...more
In cases involving digital assets, especially those with anonymous, unlocatable, or international parties, service of process can pose an existential challenge. Recent decisions arising out of cryptocurrency-related...more
The recent increase in use of telehealth as a care modality has been important to patients and providers alike, with significant benefits for public health. However, with the growing mainstream acceptance of virtual care, the...more
In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more
11/1/2021
/ Anti-Retaliation Provisions ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
False Claims Act (FCA) ,
Materiality ,
Proposed Amendments ,
Proposed Legislation ,
Qui Tam ,
Universal Health Services Inc v United States ex rel Escobar ,
Whistleblowers
The New York attorney general on March 2 announced a $105 million New York False Claims Act settlement against an individual hedge fund manager and his firm for alleged tax evasion based on allegations originally brought by a...more
The shift to a remote working environment as a result of the coronavirus (COVID-19) pandemic has drawn attention to data security and business continuity risks. With increased demand for technology services comes increased...more
The US Department of Justice’s Civil Division on September 4 issued detailed internal guidance on how the Division should evaluate and handle inability-to-pay claims by entities. Acting Assistant Attorney General Ethan P....more
Both individuals and higher education institutions could face criminal and civil liability if they are not in compliance with federal law in the administration of federal grants and expenditure of federal research dollars, as...more
5/14/2020
/ China ,
Civil Liability ,
Criminal Liability ,
Department of Justice (DOJ) ,
Educational Institutions ,
False Claims Act (FCA) ,
Federal Grants ,
Incentives ,
Medical Research ,
Popular ,
Research and Development ,
TTP ,
Universities
In a recent denial of a petition for certiorari, the US Supreme Court declined to resolve the standard courts should use when evaluating government motions to dismiss in qui tam cases. ...more
The US Department of Justice (DOJ) has announced that fiscal 2019 recoveries from False Claims Act (FCA) settlements and judgments exceeded $3 billion, with healthcare and procurement fraud as the largest areas of recovery....more