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An Emerging Opportunity for the States to Revitalize Their State False Claims Act Enforcement

While the Trump administration replaces all of the United States Attorneys, as well as many senior-level positions at the Department of Justice, stakeholders will soon be able to evaluate civil enforcement priorities under...more

What Will the Art of Jury Selection Look Like During Trump’s Second Presidency?

For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated.  Many of...more

When Is Mediation Most Effective For False Claims Act Cases?

Years ago, few lawyers thought a False Claims Act Case was appropriate to be resolved by mediation. It was Attorney General Janet Reno who introduced mediation to this practice area in the late 1990’s. She was optimistic the...more

Are Courts Still the Best Place to Litigate a Qui Tam Action?

In a typical qui tam case, the sequence and life cycle follow a similar trajectory. The relator files a sealed qui tam complaint in a federal courthouse in the United States. While COVID has disrupted litigation, particularly...more

Do Whistleblowers Have To Be American Citizens?

The United States government has four primary whistleblower statutes and reward programs: •The Federal False Claims Act (“FCA”)- •The Securities and Exchange Commission (“SEC”) Whistleblower Program- •The Internal...more

Hiding in Plain Sight: Obtaining Insurance Coverage in White Collar Criminal Investigations and Complex Civil Litigation

An attorney is outside counsel to a midsized, closely held corporation. The attorney reports to a group of officers and directors. The client was just served at corporate headquarters with a grand jury subpoena in connection...more

Vive La Différence? American and French Healthcare Fraud, Waste, and Abuse Laws

America and France share many common ideals. The American Constitution is founded on the principle of government “of the people, by the people, and for the people.” The French Constitution embodies this same principle in the...more

International Whistleblowing Legislation and America's False Claims Act

This is the second part of a two-part article. In the first of this two-part series, we discussed the success of the United States’ federal False Claims Act (FCA), the rise of international whistleblowers through a study...more

The Impact of International Whistleblowing on Global Corporate Compliance

This is the first part of a two-part article. Over the last 33 years, whistleblowers have enjoyed historic success advancing claims under the United States’ False Claims Act (FCA). The United States government has recovered...more

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