Friday, May 7, 2021

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Emerging False Claims Act Risk in Trade: Recent False Claims Act Developments Increase Trade...

In this three-part series, Sidley’s White Collar and International Trade groups explore the intersection of the FCA and trade-related laws and regulations to help...

The Perils of Pleading the Fifth in the Corporate Fraud Context

“Pleading the Fifth” is one of the most commonly known phrases in our legal system, and the right against self-incrimination is one of the Constitution’s most meaningful protections. That said, in the corporate fraud context, exercising that right often entails risks and costs that may outweigh the potential benefits. As such, companies—particularly those that contract […]
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FCA Doesn’t Cover Retaliation by Foreign-Owned Entity on Foreign Soil; United States District Court...

The district court granted the defendants’ motion to dismiss a claim of retaliation under the FCA on jurisdictional grounds. The plaintiffs alleged they were fired after they filed a lawsuit alleging their former employer engaged in activity to circumvent sanctions against Iran. The court found the allegations reasonably credible, but found they had occurred abroad […]
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Can Former Employees Assert Post-Termination Retaliation Claims Under the False Claims Act?

On March 31, in United States ex rel. Felten v. William Beaumont Hospital, the U.S. Court of Appeals for the Sixth Circuit held that the False Claims Act’s anti-retaliation provision protects former employees alleging post-termination retaliation. The decision creates a split with the Tenth Circuit, which held in 2018 in Potts v. Center for Excellence […]
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District of New Jersey Rules Prescription Drug Events Tainted By Alleged Kickback Schemes Constitute...

A federal judge recently ruled that submission of electronic data to the government can, under appropriate circumstances, give rise to liability under the False Claims Act. In U.S. ex rel. Marc Silver et al. v. Omnicare Inc. et al., 1:11-cv-01326 (D.N.J. Apr. 13, 2021), U.S. District Court Judge Noel C. Hillman granted a relator’s motion to […]
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Stark Law 2020 Settlements Return to Pre-2019 Trend

The Centers for Medicare & Medicaid Services recently announced 2020 settlements concerning past violations or potential violations of the physician self-referral law (the Stark Law) and the number and value of such settlements have returned to the pre‑2019 trends. The 2020 settlements based on voluntary submissions submitted several years ago mark an increase from 2019’s […]
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Five Charged, Two Plead Guilty in DME, Cancer Screening Kickback Case

Five individuals have been charged and two others have pleaded guilty for their roles in durable medical equipment and genetic cancer screening kickback fraud schemes. Those charged are Thomas Farese, Pat Truglia, and Domenic J. Gatto Jr., of Florida; and Nicholas Defonte and Christopher Cirri of New Jersey. Those pleading guilty are Brian Herbstman (healthcare […]
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Plaintiff Can’t Show FCA Retaliation When Former Employer Took Reasonable Action on Complaints; United...

The district court granted the defendant’s motion to dismiss a lawsuit alleging unlawful employment retaliation. The defendant alleged that her former employer took retaliatory...

Government Enforcement and Review of Managed Medicare Programs: A Glimpse of Historical Practice and...

The nomination of California Attorney General Xavier Becerra to head the Department of Health and Human Services raised eyebrows in certain policy circles. Becerra does not fit the typical administrative profile of past HHS heads, with no experience in health care or public health policy. Rather, he is best known for being an aggressive litigator […]
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6th Circuit: FCA Whistleblower Protections Extend to Post-Employment Retaliation

On March 31, 2021, the Sixth Circuit addressed an issue of first impression in the circuit, holding that the False Claims Act’s whistleblower protection provisions protect former employees from post-employment retaliation. United States, ex rel. Felten v. William Beaumont Hospital. This decision creates a circuit split, as the Sixth Circuit’s holding contradicts the decisions of […]
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