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Wiley Rein LLP

[Webinar] Understanding the New Administrative False Claims Act - February 19th, 12:00 pm - 1:00 pm EST

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Join us for a webinar on the newly enacted Administrative False Claims Act (AFCA), a significant update to the Program Fraud Civil Remedies Act of 1986. This session will explore administrative agencies’ expanded powers...more

Polsinelli

False Claims Act Recoveries 2022

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The Department of Justice (DOJ) recently announced its False Claims Act (FCA) Recoveries for 2022, with the second-highest number of settlements in history. While the number of settlements increased, the total amount of...more

Dorsey & Whitney LLP

DC Circuit Adopts Pro Tanto Rule for “Common Damages” in FCA Claims Involving Multiple Defendants

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The United States Court of Appeals for the D.C. Circuit recently considered the extent to which settlements in related False Claims Act cases must be offset against damages owed by non-settling parties – and the appropriate...more

Morgan Lewis

DC Circuit: Pro Tanto Rule in False Claims Act Cases Reduces Risk of Windfall Damages Recoveries

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The US Court of Appeals for the DC Circuit issued an important opinion on August 30, 2022, that reinforces the seemingly obvious principle that the government is not entitled to windfall damages recoveries in False Claims Act...more

Holland & Knight LLP

False Claims Act Damages: D.C. Circuit Says Government Cannot Keep Going Back to the Well

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False Claims Act (FCA) cases, particularly in the government contracts space, often have several defendants; prime contractors, subcontractors, vendors and individuals are all common targets. In healthcare FCA cases, with...more

Husch Blackwell LLP

How a reservation of rights can affect the outcome of a dispute on a government contract

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Contractors and contracting officers are often asked to make tough decisions about issues that arise in the course of a complex government contract. Decisions that change the scope of work, the schedule, or the cost of the...more

Dorsey & Whitney LLP

DOJ Announces $2.8 Million Settlement with Construction Company Over SDVOSB Set Asides, Further Fallout From DOJ’s Settlement with...

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On Friday, May 13, 2022, the Department of Justice announced that it reached a settlement with Hensel Phelps Construction Company (“Hensel Phelps”) over allegations that the company had, in violation of the False Claims Act,...more

Polsinelli

When the Feds Find Out! Lack of Data Security Leads to Novel and Hefty Settlements

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The Federal Government continues ramping up enforcement of data security requirements by deploying significant new enforcement theories and tools in support of cyber and data security controls required by federal law....more

Greenberg Glusker LLP

E.L.F. on a Digital Shelf: Employment Law Facts, A Summary of California’s New 2022 Employment Laws

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In preparation for 2022, California employers have an abundance of new laws with which to comply. Below are the highlights curated by our Employment Law Group. SB 331: The “Silenced No More” Bill, Prohibits Confidentiality...more

Smith Anderson

4th Circuit Blocked Future Litigation on a Related Issue on U.S. Navy Contract

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Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties. A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more

Stinson - Government Contracting Matters

Two Kinds of False Claims, the Same Bad Outcome

Leo Tolstoy famously began his 1877 novel Anna Karenina with the observation, “All happy families are alike; each unhappy family is unhappy in its own way.” Much the same could be said of government contractors that find...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2019 Year in Review

The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the...more

Carlton Fields

Recent Cases Indicate Viability of False Claims Act Liability Connected to Federal Cybersecurity Standards

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Government contractors are no strangers to the numerous quality standards and assurances required by the government. Over the past several years, cybersecurity in federal contracting has emerged as yet another standard to...more

Bradley Arant Boult Cummings LLP

DOJ Recovered Over $3 Billion from False Claims Act Cases in FY 2019

The Department of Justice (DOJ) recently announced that it obtained more than $3 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending Sept. 30, 2019. Notably, DOJ reports that “matters that...more

Hogan Lovells

DOJ Continues False Claims Act Enforcement in Transportation Industry

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Two recent False Claims Act (FCA) settlements between the Department of Justice (DOJ) and transportation companies point to the continuation of a recent trend by the DOJ to use the FCA as a significant enforcement tool...more

Orrick - Equal Pay Pulse

OFCCP Ends Fiscal Year with Large Settlements Focused on Tech and Financial Services Firms

In recent weeks, the Office of Federal Contract Compliance Programs (“OFCCP”) has entered into four major settlements that are notable both for their size, and for highlighting current trends. Each case involved allegations...more

Proskauer - Government Contractor Compliance...

OFCCP Sets New Record For Bias Settlements In FY19

Any illusions that OFCCP would disappear during the Trump Administration should have already been put to rest with the nearly non-stop activity of the agency since 2017.  But to the extent there was any remaining doubt, a...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 28, Number 36. News Briefs - October 2019

- Fresenius Medical Care North America Inc. has agreed to pay $5.2 million to settle allegations that it tested dialysis patients for Hepatitis B surface antigen more often than medically necessary and billed Medicare for the...more

Polsinelli

Cintas Agrees to Pay $650K to Settle OFCCP Compensation and Hiring Bias Claims

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On August 27, 2019, the Department of Labor announced that government contractor Cintas Corp. has agreed to pay nearly $650,000 to settle claims of sex and race discrimination in its Philadelphia, PA facility and end...more

Faegre Drinker Biddle & Reath LLP

Data Privacy Exposure Hits the Public Sector: Lessons from the OPM Data Breach Class Action, Whistleblower Actions, and the GAO...

Data privacy litigation and enforcement actions continue to roil the private sector, most recently with the FTC’s announcement of a $425 million settlement with Equifax in the wake of the Equifax data breach. Less discussed...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more

PilieroMazza PLLC

Breach of Settlement Agreement Suits Against Federal Government Not Precluded by Finality Clauses

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During settlement discussions with the federal government, contractors are sometimes concerned that the government may not live up to the terms or frustrate the purposes of a settlement agreement and that they will be harmed...more

Bricker Graydon LLP

Health system to pay $18 million to settle FCA lawsuit

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Banner Health has agreed to pay the federal government $18 million to resolve False Claims Act (FCA) allegations that the health system admitted patients who could have been treated less expensively on an outpatient basis....more

Katten Muchin Rosenman LLP

Recent Legislation Limits Settlement Payment Tax Deductions

The recently enacted "Tax Cuts and Jobs Act of 2017" (P.L 115-97) (the "Act") made, among others, significant changes to the rules that govern whether taxpayers can deduct as business expenses certain settlement payments made...more

Bass, Berry & Sims PLC

Small Business Fraud Leads to Large Monetary Liability in Recent Cases

Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts...more

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