News & Analysis as of

Defense Strategies False Claims Act (FCA)

Husch Blackwell LLP

False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes

Husch Blackwell LLP on

Host Jonathan Porter welcomes Husch Blackwell attorney Kip Randall to the podcast to discuss the beguiling notion of materiality in the context of False Claims Act litigation. Kip and Jonathan draw from case law to illustrate...more

Oberheiden P.C.

A Guide to Qui Tam Lawsuits for Whistleblowers

Oberheiden P.C. on

One avenue for whistleblowers to take to report fraud against the government is to file a qui tam lawsuit under the federal False Claims Act. These lawsuits are complex because they have not two, but three parties to them –...more

Oberheiden P.C.

A Handy Guide for Healthcare Whistleblowers

Oberheiden P.C. on

The healthcare industry relies heavily on whistleblowers to bring fraudulent conduct and other forms of waste and abuse to the attention of regulators, law enforcement, and the public in general. If you have found signs of...more

Husch Blackwell LLP

False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings

Husch Blackwell LLP on

Host Jonathan Porter is joined by Troy Clark, Director and Corporate Counsel with Wellstar Health System, to discuss the peculiarities and difficulties of tackling parallel proceedings, that is, investigations and/or...more

Holland & Knight LLP

Opposing Endless Extensions of the 60-Day Seal Period in False Claims Act Cases

Holland & Knight LLP on

Is there a limit on the number of times the federal government can request extensions of the 60-day period under seal to decide whether to intervene in a qui tam relator's False Claims Act (FCA) case? The appellants in U.S....more

American Conference Institute (ACI)

[Event] 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement - January 23rd - 24th, New York, NY

Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more

Oberheiden P.C.

Four Tips for Responding to a Civil Investigative Demand Under the False Claims Act

Oberheiden P.C. on

Before filing a criminal or civil action under the False Claims Act, or FCA (31 U.S.C. § 3729), the United States Department of Justice (DOJ) can start with a civil investigative demand or CID. Similar to subpoenas, Civil...more

BCLP

U.S. Health Care Industry: practical tips for navigating FCA landscape (from Supervalu and beyond)

BCLP on

Attorneys and compliance professionals in the health care industry are routinely required to help their clients interpret complex laws and regulations, often without sufficient authoritative guidance from regulators.  Because...more

Venable LLP

Eighth Circuit Curtails False Claims Act Liability Premised on Anti-Kickback Statute Violations

Venable LLP on

​​​​​​​Last week the Eighth Circuit Court of Appeals offered defendants in False Claims Act cases based on Anti-Kickback Statute (AKS) violations a significant new defense in its holding in United States ex rel. Cairns v....more

Oberheiden P.C.

3 Ways to Respond to a DOJ Civil Investigative Demand (CID)

Oberheiden P.C. on

A civil investigative demand, or CID, is a powerful law enforcement tool that federal agencies such as the United States Department of Justice (DOJ) can use during the early stages of investigations into potential antitrust...more

Oberheiden P.C.

False Claims Act Penalties and Defense Strategies

Oberheiden P.C. on

The federal False Claims Act (FCA) penalizes anyone who knowingly makes a fraudulent claim for compensation to the federal government. The penalties can be severe, frequently rising into the millions of dollars and...more

Oberheiden P.C.

6 Frequently Asked Questions with Lab Defense Attorney Nick Oberheiden

Oberheiden P.C. on

Clinical laboratories have come under increased scrutiny in the past few years, especially those that deal with COVID-19 testing or drug testing. These federal investigations can be surprising and confusing for lab...more

Oberheiden P.C.

Federal Government Targets Providers Administering Amniotic Injections

Oberheiden P.C. on

The federal government has recently made clear its intention to go after healthcare providers who provide amniotic injections to certain Medicare and Medicaid recipients. Over recent years, the federal government has...more

American Conference Institute (ACI)

[Virtual Event] 8th Annual Advanced Forum on False Claims and Qui Tam Enforcement - March 24th - 25th, 8:15 am - 4:45 pm...

THE ONLY EVENT WHERE YOU'LL HEAR FROM Government, In-house Counsel, The Judiciary, the Defense & Relator’s Bar - ACI’s 8th Annual Advanced Forum on False Claims and Qui Tam Enforcement will address the underlying...more

Oberheiden P.C.

SBA Loan Fraud Defense—How to Defend Against an Indictment

Oberheiden P.C. on

Tips on Preparing to Defend Against Allegations of SBA Loan Fraud During the COVID-19 Crisis - Federal emergency relief legislation—including the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”)—has...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2020 Virtual Regional Healthcare Compliance Conference - Honolulu, HI - October 8th - 9th, 8:25 am - 1:30 pm HST

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Jones Day

Tenth Circuit Rejects False Claims Act Theory About Falsified Records on Materiality Grounds

Jones Day on

The Situation: The Supreme Court's ruling in Universal Health Services, Inc. v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), opened the door to more materiality defenses under the False Claims Act ("FCA"), but without making...more

American Conference Institute (ACI)

[Event] False Claims and Qui Tam Enforcement Forum – Strategies to Respond to the Rapidly Changing Landscape of False Claims Act...

With more than 34.8 billion recovered by the government since 2010 under the federal False Claims Act, it has never been more crucial for private practitioners and corporate in-house counsel to keep abreast of the changes and...more

McDermott Will & Emery

[Event] 2019 Healthcare Litigation, Compliance & Investigations Forum - November 5th, Washington, DC

McDermott Will & Emery on

Healthcare industry business, legal and compliance executives and investors will learn strategies for proactively managing and effectively responding to compliance risks, investigations and litigation at our fourth annual...more

Baker Donelson

Plausibility Requirement for Pleading in FCA Cases Remains a Viable Defensive Tool

Baker Donelson on

The recent federal court opinion issued in United States ex rel. Integra Med Analytics, LLC v. Baylor Scott & White Health, et al, illustrates the continued importance of examining the plausibility of allegations made in qui...more

Baker Donelson

Disagreements over a Medical Judgment Cannot Form the Basis for Liability Under the False Claims Act

Baker Donelson on

A new federal court decision offers a ray of light to those providers defending false claims actions based on an alleged lack of medical necessity. On September 9, 2019, the United States Court of Appeals for the Eleventh...more

Sheppard Mullin Richter & Hampton LLP

The Eleventh Circuit Remands AseraCare, But Affirms High Hurdle for Proving Falsity

In a highly anticipated opinion in the AseraCare case, issued on September 9, 2019, the Eleventh Circuit Court of Appeals affirmed the district court’s holding that “a clinical judgment of terminal illness warranting hospice...more

Mintz - Health Care Viewpoints

Eleventh Circuit Rules in AseraCare Case that Disagreements in Clinical Judgment, Without Objective Falsity, Do Not Prove Fraud...

On Monday, the U.S. Court of Appeals for the Eleventh Circuit issued its long-awaited and closely watched decision in United States v. AseraCare Inc.. The court ruled that a claim cannot be deemed false under the False Claims...more

McDermott Will & Emery

DOJ Preserves Its Options in Cooperation Credit Guidance

McDermott Will & Emery on

DOJ recently announced the release of formal guidance on how civil attorneys can award “cooperation credit” to defendants who cooperate with DOJ during a False Claims Act investigation. This formal policy provides some new...more

Seyfarth Shaw LLP

Project In(Site): Legal Developments Impacting Construction & Government Contract Industries

Seyfarth Shaw LLP on

Welcome to the inaugural issue of Project In(Site), Seyfarth’s Construction and Government Contracts practice groups’ publication focusing on decisions or other items of interest for construction and government contract...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide