The US Department of Justice on May 12, 2025 announced revisions to the Criminal Division’s “enforcement priorities and policies for prosecuting corporate and white-collar crimes” under the current US administration. The new...more
A recent decision by a federal district court affirmed the ability of defendants in False Claims Act actions brought by qui tam relators to assert counterclaims against relators. The court’s opinion highlights the opportunity...more
The US Supreme Court heard oral arguments on April 18 in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway Inc., companion cases that raise the important question of whether, under...more
In a move that threatens to undermine some key defenses to liability under the False Claims Act, a bipartisan group of senators voted to advance the False Claims Amendments Act of 2021 (SB 2428) out of the Senate Judiciary...more
11/1/2021
/ Anti-Retaliation Provisions ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
False Claims Act (FCA) ,
Materiality ,
Proposed Amendments ,
Proposed Legislation ,
Qui Tam ,
Universal Health Services Inc v United States ex rel Escobar ,
Whistleblowers
Senator Chuck Grassley plans to propose legislation that would require the US Department of Justice to state its reasons for dismissal of qui tam cases over the objection of the relator. ...more
In a recent denial of a petition for certiorari, the US Supreme Court declined to resolve the standard courts should use when evaluating government motions to dismiss in qui tam cases. ...more
A relator convicted of criminal conduct is precluded from sharing in related FCA recoveries, irrespective of degree of culpability.
On July 16, a US Court of Appeals for the Ninth Circuit panel upheld the dismissal from...more