The Department of Justice’s (“DOJ”) most recent settlement with Indivior Solutions, Inc., Indivior Inc., and Indivior plc (together, “Indivior”) demonstrates not only that the DOJ is continuing its pursuit of claims and...more
On February 26, 2020, the Supreme Court held that the term “actual knowledge” in the ERISA statute of limitations clause found in 29 U.S.C. §1113(2), ERISA §413 applicable to breach of fiduciary duty cases means “what it...more
3/26/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
SCOTUS ,
Split of Authority ,
Statute of Limitations
Less than a year after United States Attorney Christina E. Nolan warned electronic health records (“EHR”) companies in a DOJ press release that they “should consider themselves on notice” following a $57.25 million FCA...more
3/5/2020
/ Anti-Kickback Statute ,
Corporate Criminal Fines ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
EHR ,
Enforcement Actions ,
False Claims Act (FCA) ,
Forfeiture ,
Opioid ,
Pharmaceutical Industry ,
Settlement ,
Software ,
State Attorneys General
On June 20, 2019, more than six years after the case was first set into motion by the Relator, the U.S. Attorney’s Office for the District of Maryland announced in a press release that Hart to Heart Ambulance Services, Inc....more
For those who pay close attention to FCA settlements, the January 22 press release from the United States Attorney for the Southern District of New York of a $60 million settlement against Walgreens related to its...more
The FCA began as a response to procurement fraud by military contractors during the Civil War. In the intervening years, its reach has extended and increasingly the government is using the FCA as a tool in the context of...more
8/16/2016
/ Attorney General ,
Civil Monetary Penalty ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
False Statements ,
False-Certification of Conformance ,
Federal Grants ,
Fraud ,
Guilty Pleas ,
Medical Devices ,
National Institute of Health (NIH) ,
Treble Damages
Two recent Supreme Court decisions provide timely guidance on the First Amendment implications of publicly displaying the Confederate Flag or other symbols or signage related to protected beliefs. First, in Walker v. Sons of...more
7/10/2015
/ Churches ,
Content-Neutral ,
First Amendment ,
Fourteenth Amendment ,
Government Speech Doctrine ,
Local Ordinance ,
Reed v Town of Gilbert ,
SCOTUS ,
Signs ,
Sons of Confederate Veterans ,
Special License Plates ,
Strict Scrutiny Standard ,
Walker v Texas Division ,
Zoning Laws