News & Analysis as of

Corporate Liability False Claims Act (FCA)

Holland & Knight LLP

Contractors and Grant Recipients Beware: False Claims Act Risk in Termination Settlements

Holland & Knight LLP on

A significant number of government contracts and grants have been terminated recently by federal agencies pursuant to the U.S. Department of Government Efficiency's (DOGE) "cost efficiency initiative" and review of "covered...more

Lathrop GPM

Whistleblowers Get a Stronger Whistle: The False Claims Act Liability Under President Trump’s DEI Order

Lathrop GPM on

One of the new administration’s Executive Orders, titled “Ending Illegal Discrimination and Restoring Merit-Base Opportunity,” has significant potential impact on companies operating diversity, equity and inclusion (DEI)...more

WilmerHale

Proposed Changes to CMS Regulations May Impact False Claims Act Liability for Medicare Overpayments

WilmerHale on

The Centers for Medicare & Medicaid Services (CMS) proposed a rule late last year that would impose standards on healthcare providers and suppliers to report and return overpayments from Medicare that mirror aspects of the...more

BCLP

PPP Loan Recipients: And Now Liability Risks under the False Claims Act?

BCLP on

Borrowers under the Paycheck Protection Program (“PPP”), particularly those public companies who received more than $2 million, are juggling a lot these days. Watching the ever shifting positions of the SBA with respect to...more

BCLP

What PE Firms Need to Know about Whistleblower Risk & How to Mitigate It

BCLP on

Private Equity firms face risk from whistleblowers within their portfolio companies. There are some industries that are more susceptible to whistleblower risk, such as health care, telecom and military contracts....more

BCLP

What PE Firms Need to Know about their False Claims Act Risk

BCLP on

Private equity firms have recently become targets of False Claims Act (FCA) liability. This new risk exposure comes from portfolio companies that do business with the government, which necessarily exposes those portfolio...more

Foley Hoag LLP - White Collar Law &...

White Collar Year in Preview: False Claims Act Trends in 2020

Editors’ Note: This is the fourth in our start-of-year series examining important trends in white collar law and investigations in the coming year. Our previous entry discussed anti-corruption trends in 2020. Up next: a look...more

WilmerHale

Private Equity Firms, the Healthcare Industry, and the FCA: The “Butterfly Effect” in Action?

WilmerHale on

When Riordan, Lewis & Haden Inc. (RLH), a private equity firm, found itself ensnared in a False Claims Act (FCA) litigation for its role in a prescription drug kickback scheme orchestrated by one of its portfolio companies,...more

BCLP

FCA Defendants and Counsel Beware: New DOJ Guidance on FCA Cooperation Credit May Leave Too Much to Prosecutors’ Discretion

BCLP on

In recent weeks, the United States Department of Justice (“DOJ”) published guidance in the Justice Manual at Section 4-4.112 on how it will award cooperation credit to entities and individuals that are being investigated for...more

Harris Beach Murtha PLLC

DOJ Issues Guidelines for Cooperation Credit Specifically as to False Claims Act Matters

The United States Department of Justice (DOJ) has issued new guidelines regarding cooperation and credit for self-disclosure specifically in False Claims Act matters. Such guidelines provide an overview of factors to be...more

Pillsbury Winthrop Shaw Pittman LLP

Human Trafficking Corporate Liability Under the New U.S. Development Finance Agency

Companies receiving agency-supported financing should implement anti-human trafficking compliance to avoid potential liability. U.S. law creates corporate liability for foreign and domestic entities operating in the United...more

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