On February 18, 2025, the First Circuit Court of Appeals issued its decision in U.S. v. Regeneron Pharmaceuticals, ruling that the Anti-Kickback Statute (“AKS”) requires the government to prove that an AKS violation was the...more
I. Scope of Executive Order 14173 -
Executive Order 14173, issued on January 21, 2025, aims to end illegal discrimination and restore merit-based opportunities by ceasing diversity, equity, and inclusion (DEI) policies,...more
2/5/2025
/ Anti-Discrimination Policies ,
Compliance ,
Department of Justice (DOJ) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Federal Funding ,
Trump Administration ,
Whistleblowers
We kick off our annual Year in Preview series with a comprehensive look at health care fraud enforcement in 2025. This post proceeds in three parts. First, we explore what the second Trump administration might bring, looking...more
1/13/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare Fraud ,
Medicare ,
Medicare Advantage ,
White Collar Crimes
On September 30, 2024, in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn Mizelle in the Middle District of Florida dismissed a qui tam action under the False Claims Act (“FCA”) on the basis that the...more
10/3/2024
/ Appointments Clause ,
Article II ,
Dismissals ,
False Claims Act (FCA) ,
Florida ,
Fraud ,
Health Care Providers ,
Healthcare Fraud ,
Qui Tam ,
Relators ,
SCOTUS ,
Unconstitutional Condition ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
The government had another busy year in 2023, investigating and prosecuting healthcare fraud cases on multiple fronts. Contending with the enormous healthcare crises of the now-concluded COVID-19 pandemic and the ongoing...more
7/3/2024
/ Anti-Corruption ,
BlackRock ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Educational Institutions ,
Enforcement ,
Enforcement Actions ,
Export Controls ,
False Claims Act (FCA) ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Healthcare Fraud ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Tennessee
On May 2, 2024, the Boston Bar Association (BBA) held its fifth annual White-Collar Crime Conference, featuring panel discussions with current and former prosecutors at the state and federal levels, defense counsel, and...more
This is the ninth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year...
The government had another busy year in 2023 investigating and prosecuting health...more
4/11/2024
/ CARES Act ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Opioid ,
Paycheck Protection Program (PPP) ,
Telemedicine ,
White Collar Crimes
This is the eighth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year...
It is not often that we can say that a federal fraud statute had a blockbuster...more
3/29/2024
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Cybersecurity ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Paycheck Protection Program (PPP) ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
US ex rel Thomas Proctor v Safeway Inc ,
White Collar Crimes
This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement.
The False Claims Act (or “FCA”) continued to drive significant enforcement...more
2/14/2023
/ Cybersecurity ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Healthcare ,
Popular ,
SCOTUS ,
US ex rel Thomas Proctor v Safeway Inc ,
Whistleblowers ,
White Collar Crimes
Editors’ Note: This is the second in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed SEC enforcement in 2020. Up next: a look at...more
1/9/2020
/ Anti-Kickback Statute ,
Bribery ,
Compliance ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Multidistrict Litigation ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Securities and Exchange Commission (SEC) ,
State Attorneys General ,
White Collar Crimes