Last term, in U.S. ex rel. Polansky v. Exec. Health Res., Inc., three Justices noted that there are “substantial arguments” that the False Claims Act’s (FCA) qui tam provisions do not conform with Article II of the...more
- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more
7/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud ,
Main Street Lending Programs ,
Paycheck Protection Program (PPP) ,
Private Equity Firms ,
Qui Tam
• Escobar doctrinally and conceptually transformed the FCA.
• Relators and the government have developed strategies to neutralize Escobar.
• Defendants must avoid certain new traps that could enhance their exposure to...more
6/24/2019
/ Department of Justice (DOJ) ,
Dismissals ,
Enforcement Actions ,
False Claims Act (FCA) ,
Fraud and Abuse ,
Government Agencies ,
Health Care Providers ,
Healthcare Fraud ,
Qui Tam ,
Relators ,
The Granston Memo ,
Universal Health Services Inc v United States ex rel Escobar
• The Department of Justice (DOJ) has adopted a policy to incentivize companies and individuals to voluntarily disclose civil False Claims Act (FCA) violations, cooperate with government investigators and undertake effective...more
• Recent Justice Manual changes roll back Yates memo requirements for corporations seeking cooperation credit in enforcement actions, including civil enforcement actions.
• Corporations can now receive maximum cooperation...more
• DOJ is implementing the Granston memo policy in seeking dismissal of FCA qui tam actions when it is in the government’s interest, particularly when protecting its resources, discretion and litigation priorities.
• DOJ...more
10/22/2018
/ BEA ,
Cooperative Agreements ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Dismissals ,
Energy Sector ,
False Claims Act (FCA) ,
Federal Contractors ,
Intellectual Property Protection ,
Inventions ,
Nuclear Power ,
Patent Applications ,
Patents ,
Proprietary Information ,
Qui Tam ,
Research and Development
• Under the FCA there are multiple circuit court splits related to how power should be allocated between the United States and the relator and whether the relator has contributed sufficient value to merit obtaining a...more
2/13/2018
/ Amended Complaints ,
Department of Justice (DOJ) ,
Dismissals ,
False Claims Act (FCA) ,
First-to-File ,
FRCP 9(b) ,
Frivolous Lawsuits ,
Judgment on the Merits ,
Motion to Dismiss ,
Public Disclosure ,
Qui Tam ,
Relators ,
Split of Authority ,
Statute of Limitations ,
Tolling
• Department of Justice (DOJ) has released a memorandum detailing seven nonexhaustive factors to be considered by its attorneys in making the important determination of whether to dismiss False Claims Act (FCA) qui tam...more
• How have appellate courts applied the Supreme Court’s ruling in Escobar?
• If the government is aware of the relator’s allegation, but does not undertake any administrative action to address the defendant’s alleged...more
10/11/2017
/ ANSI ,
Centers for Medicare & Medicaid Services (CMS) ,
DCAA ,
Department of Justice (DOJ) ,
Department of the Interior ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Genentech ,
Government Agencies ,
Materiality ,
Medical Devices ,
Qui Tam ,
Relators ,
Side Effects ,
Universal Health Services Inc v United States ex rel Escobar ,
Warning Labels