Roman Martinez

Roman Martinez

Latham & Watkins LLP

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Middle District of Florida Accepts Justice Thomas’s Invitation: FCA Qui Tam Provision Unconstitutional

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

10/9/2024  /  Appointments Clause , Article II , Constitutional Challenges , False Claims Act (FCA) , Federal Contractors , Qui Tam , Relators , SCOTUS , United States ex rel Polansky v Executive Health Resources Inc , Whistleblowers

Supreme Court: SEC ALJs Are Officers Subject to Constitution’s Appointments Clause

Respondents in pending or future proceedings should carefully assess their options until several key legal questions are resolved. The United States Supreme Court recently issued its ruling in Lucia v. Securities and...more

7/13/2018  /  Administrative Law Judge (ALJ) , Administrative Proceedings , Appointments Clause , Constitutional Challenges , Enforcement Actions , Final Written Decisions , Lucia v SEC , SCOTUS , Securities and Exchange Commission (SEC) , Special Trial Judges (STJs)
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