• 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
• 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