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What Is “Knowing” under the FCA? Supreme Court to Consider Impact of Ambiguous Regulations

A successful False Claims Act (“FCA”) claim must show that the defendant submitted a false claim or statement “knowingly.” The “knowing” element—the scienter prong—depends on whether the defendant actually knew that the claim...more

Polansky and the Future of FCA Qui Tam Prosecution

In its upcoming term, the U.S. Supreme Court is poised to address the issue of whether the United States can seek to dismiss a whistleblower’s False Claims Act (“FCA”) lawsuit after it has elected not to participate in the...more

White Collar Watch (April 2018 - No. 1)

Welcome to the spring edition of our White Collar Watch. Hopefully by the time you are reading this, winter’s storms (finally?) are behind us. 2018 has gotten off to a busy start for our practice and attorneys. We look...more

High Court Should Review Scope Of Crime-Fraud Exception

In Zolin, the Supreme Court determined that a party invoking the crime-fraud exception must make a threshold showing before a district court may review documented attorney-client communications on camera. The court settled on...more

The Crime-Fraud Exception: Open Questions for the Supreme Court

In Zolin, the Supreme Court determined that a party invoking the crime-fraud exception must make a threshold showing before a district court may review documented attorney-client communications in camera. The Court settled on...more

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