News & Analysis as of

Federal Rules of Civil Procedure Investigations

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

Vinson & Elkins LLP

Difficult Decisions About Cloned Discovery Can Leave Companies Seeing Double

Vinson & Elkins LLP on

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more

McDermott Will & Emery

International Trade Commission Seeks Feedback on Proposed Updates to Practice and Procedure

McDermott Will & Emery on

The US International Trade Commission issued a Federal Register notice of proposed rulemaking related to 19 C.F.R. Parts 201, 205, 207 and 210, which govern the Commission’s Rules of Practice and Procedure. The Commission...more

Butler Snow LLP

Conducting A Prelitigation Investigation

Butler Snow LLP on

Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read...more

King & Spalding

U.S. Supreme Court Allows Justice Department to Dismiss Whistleblower Cases

King & Spalding on

On June 16, 2023, the U.S. Supreme Court affirmed that the DOJ properly secured a dismissal of a whistleblower suit accusing Executive Health Resources Inc. of violating the False Claims Act by improperly billing Medicare....more

ArentFox Schiff

US Supreme Court Rules 8-1 in Favor of Government FCA Dismissal Authority

ArentFox Schiff on

On June 16, 2023, in United States, ex rel. Polansky v. Executive Health Resources, Inc., the US Supreme Court addressed the government’s authority to dismiss a qui tam False Claims Act (FCA) suit over a relator’s objection...more

McDermott Will & Emery

DOJ’s Labor Market Prosecution Against Aerospace Employees Dismissed; Alleged Market Allocation Not Within Per Se Rule

On April 28, 2023, a US District Court for the District of Connecticut judge dismissed the US Department of Justice’s (DOJ) criminal non-solicitation case against six aerospace industry employees, acquitting all the...more

HaystackID

[Webcast Transcript] eDiscovery Playbooks: How to Win by Day and Sleep at Night

HaystackID on

Editor’s Note: On September 21, 2022, Business Intelligence Associates (BIA), a recently acquired HaystackID company, shared an educational webcast on the role of eDiscovery playbooks in litigation preparedness. Regardless of...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

Jones Day

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

Jones Day on

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Pillsbury - Gravel2Gavel Construction & Real...

Moonlight Fire Case: Ninth Circuit Denies Relief to Defendants Under FRCP 60 in U.S. v. Sierra Pacific Industries

On July 13, the U.S. Court of Appeals for the Ninth Circuit decided the case of United States v. Sierra Pacific Industries, et al. This is referred to as the “Moonlight Fire” case. The Ninth Circuit framed the issues...more

Baker Donelson

Uncivil Civil Investigative Demands

Baker Donelson on

Responding to civil investigative demands (CIDs) issued by the CFPB is one of the larger challenges faced by financial institutions in acclimatizing to the new regulatory agency. Moreover, the CFPB has demonstrated that it...more

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