The First Circuit joins the Sixth and Eighth Circuits in adopting a more exacting causation standard for False Claims Act liability premised on Anti-Kickback Statute violations.
In a victory for False Claims Act (FCA)...more
3/12/2025
/ Anti-Kickback Statute ,
But For Causation ,
Causation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Healthcare Fraud ,
Litigation Strategies ,
Pharmaceutical Industry ,
Regeneron
Justice Kavanaugh issued a concurring opinion in Wisconsin Bell, which Justice Thomas joined, to question again whether the False Claims Act qui tam provision violates Article II of the US Constitution....more
The Zafirov decision finds that the False Claims Act qui tam provision violates Article II of the US Constitution.
On September 30, 2024, in United States ex rel. Zafirov v. Florida Medical Associates LLC, Judge Kathryn...more
DOJ may dismiss qui tam False Claims Act cases at any point, as long as it intervenes in the case and satisfies the deferential Federal Rule of Civil Procedure 41(a) standard.
The US Supreme Court, in its 8-1 June 16,...more
7/3/2023
/ Article II ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Dismissals ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Qui Tam ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
The Court unanimously held that a defendant’s subjective belief is relevant to scienter under the False Claims Act, even when a defendant’s conduct is consistent with an objectively reasonable interpretation of the law....more
Physician Partners of America’s settlement highlights significant risks facing False Claims Act defendants who received Paycheck Protection Program funds.
An April 2022 US Department of Justice (DOJ) settlement suggests...more
12/22/2022
/ CARES Act ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
FIRREA ,
Fraud ,
Paycheck Protection Program (PPP) ,
Physicians ,
Settlement ,
Whistleblowers
The Seventh Circuit has created a third standard for evaluating motions to dismiss pursuant to the government’s FCA dismissal authority.
The US Court of Appeals for the Seventh Circuit’s August 17, 2020, opinion in United...more
The 11th Circuit’s long-awaited AseraCare opinion requires more than mere disagreement regarding clinical judgment to prove falsity under the False Claims Act.
The 11th Circuit rejected the government’s theory of falsity...more
DOJ’s intervention against PE firm defendant may signal increased exposure for PE firms under the False Claims Act.
Earlier this year, the US Department of Justice (DOJ) sued a private equity (PE) firm in a False Claims...more
The new tax law limits the deductibility of False Claims Act settlements and requires that settlement agreements identify the deductible “restitution” amount.
Settlements under the False Claims Act (FCA), which often...more
As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more
12/26/2017
/ Bid Protests ,
Breach of Contract ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
DFARS ,
False Claims Act (FCA) ,
Federal Contractors ,
NIST ,
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