Tuesday, October 26, 2021

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Top 10 International Anti-Corruption Developments for September 2021

In their latest update, Morrison & Foerster summarizes some of the most important international anti-corruption law and case developments from the past month. This...

The Regulators Strike Back: How Does Compliance Respond?

The Department of Justice recently overturned the prior administration’s limitations on the use of regulatory guidance in False Claims Act litigation. Now, DOJ attorneys may rely on guidance documents “in any appropriate and lawful circumstances.” How should compliance programs respond to the resurgence of the regulators in the ongoing FCA wars? Source: Miles & Stockbridge: […]
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Private Equity Investors at Risk: A New Defendant in False Claims Act Cases?

As a generally held principle, mere investment or ownership interest in a company does not expose the investor to liability for acts undertaken by the company. However, that principle is being called into question in the context of private equity firms investing in healthcare companies. In two recent cases, healthcare companies along with their sole […]
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HR and CCOs Watch Out!! DOJ’s Aggressive Antitrust Enforcement in Labor Markets

The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to the high-tech industry and other companies that criminal prosecutions were on the horizon. DOJ handled initial prosecutions of labor market collusion in the high-tech sector by civil prosecutions […]
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Landmark Qui Tam Recovery: Private Equity Firm H.I.G. Capital Settles FCA Case for $20...

Private equity firm H.I.G. Capital has settled a False Claims Act lawsuit; it will pay $19.95 million, with two former executives of its portfolio company paying an additional $5.05 million. This case will no doubt embolden the Department of Justice and whistleblowers going forward. Now DOJ and relators have a strong summary judgment opinion to […]
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Private Equity Firm HIG Capital to Pay $20 Million in Healthcare Fraud Settlement

Private equity firm HIG Capital has agreed to pay nearly $20 million to resolve claims a mental health company it owned billed Massachusetts’ Medicaid program for services provided by unlicensed and unqualified staff. Two former executives will pay an additional $5 million. The settlement is the largest of its kind with a private equity firm, […]
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Laboratory CEO Settles Kickback Allegations for $1.1 Million

Jae Lee, CEO of the defunct Northwest Physicians Laboratory, has agreed to pay $1.1 million in installments to settle civil allegations in a healthcare kickback case. Lee pleaded guilty to criminal charges in the case last year, and two businesses have previously settled related allegations. Those businesses – Sterling Healthcare/Cordant Health Solutions and testing lab […]
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Justice Department Takes the FCA Online

The DOJ has announced two major cyberspace-related enforcement initiatives: The Civil Cyber-Fraud Initiative will pursue FCA actions targeting individuals and entities that receive federal funds and knowingly (1) provide deficient cybersecurity products or services; (2) misrepresent their cybersecurity practices or protocols; or (3) violate obligations to monitor and report cybersecurity incidents and breaches. It will […]
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DOJ Announces Civil Cyber-Fraud Initiative to Use False Claims Act to Enforce Cybersecurity Standards...

The announcement of the Civil Cyber-Fraud Initiative reflects a broader focus on cybersecurity across the federal government and ongoing evolution on appropriate cybersecurity standards in a dynamic threat environment. Historically, the government has treated cybersecurity standards as material conditions of government contracts and has used the FCA to pursue cases and damages when a contractor […]
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How Pfizer’s Warranty Program Gets Around Best Price?

A “warranty” pilot program from Pfizer offers both patients and health plans (including Medicare Part D plans) the opportunity to receive a refund for...