Monday, July 13, 2020

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Ligado Would Be Banned from DoD Contracts Under House Plan

The House Armed Services Committee has passed a ban on the Pentagon awarding contracts to firms that interfere with GPS signals. As usual, Ligado Networks is not named in the legislation, but its FCC-approved plan to use the electromagnetic bands identified in the amendment – 1525-1559MHz and 1626.5-1660.5MHz – place it in the bill’s crosshairs. […]
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Kokesh’s Open Question Resolved: SCOTUS Upholds but Limits Equitable Disgorgement in SEC Civil Actions

On June 22, the Supreme Court weighed in on a question it explicitly left open in Kokesh v. SEC – whether, and to what...

New Cooperation Agreement Between the DOJ Antitrust Division and SEC

The DOJ Antitrust Division and Securities and Exchange Commission have signed their first formal agreement: an interagency Memorandum of Understanding to allow for more cooperation and communication between the two agencies, in hopes of improving competition in the securities industry. The MOU provides for regular discussions and meetings between the two agencies to review law […]
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Here’s a Compliance Plan to Address the SEC’s “Internal Controls Rampage”

Bill Steinman writes that the SEC is on an “internal controls rampage” involving the way public companies establish and manage relationships with third parties, particularly distributors and resellers (terms which he argues are not meaningfully distinguishable). He outlines what companies should do to address this: understanding your route to market, ensure that your organization has […]
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Let’s Talk FCA: The CARES Act Provider Relief Fund and False Claims Act Risk

In this episode, hosts Mana Lombardo and Jacinta Alves discuss the $175 Billion CARES Act Provider Relief Fund established in response to the COVID-19 Pandemic, and FCA risks associated with receipt of those funds. “Let’s Talk FCA” is Crowell & Moring’s podcast covering the latest developments with the False Claims Act. More at Crowell & […]
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California Genetic Testing Company Agrees to Pay $8.25 Million to Resolve False Claims Allegations;...

Agendia, Inc., a molecular diagnostics testing company based in California, has agreed to pay an $8.25 million settlement for an alleged nationwide scheme to bill Medicare for their flagship genetic test, MammaPrint, which analyzes the activity of certain genes within a breast cancer tumor to predict the risk of breast cancer recurrence in patients. Agendia […]
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University of Virginia Agrees to Settle Claims Associated with Federal Grants

The University of Virginia has agreed to pay $1 million to settle claims that it did not properly account for certain rebates and credits the university received on purchases it made in connection with federal grants and awards. Under applicable provisions, universities can use money from these awards to purchase materials for use in meeting […]
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Novartis Hellas S.A.C.I. and Alcon Pte Ltd Agree to Pay over $233 Million Combined...

The Greek subsidiary of Swiss pharmaceutical company Novartis, and a former subsidiary operating in Vietnam (the latter now part of multinational eye care company...

Novartis Faces Key Meeting in U.S. Bribery Scandal After Settling Corruption Case

The Department of Justice has announced a $346 million agreement with Swiss drugmaker Novartis to settle U.S. criminal and civil charges that they bribed doctors, hospitals, and clinics in Greece and Vietnam. This resolves its pending FCPA cases, but a potentially larger payment looms from a decade-old whistleblower accusation of paying millions in kickbacks to […]
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Guest Post: Supreme Court Affirms SEC’s Disgorgement Remedy, but Places Limits on Its Use

Stephen Cutler, Michael Osnato, Meaghan Kelly, and M Moore of Simpson Thacher take a closer look at the Supreme Court’s opinion in Liu v. SEC, in which it addressed a number of questions surrounding the agency’s authority to seek disgorgement. They list some practical takeaways of this decision: These limitations are likely to significantly reduce […]
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