Wednesday, July 15, 2020

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What Might a Justice Gorsuch Portend For False Claims Act Enforcement?

Supreme Court nominee Judge Neil Gorsuch, currently seated on the United States Court of Appeals for the Tenth Circuit, has participated in only a few appeals of False Claims Act cases, but his opinions suggest he may give less deference to agency interpretations when hearing cases in which companies and individuals are alleged to have […]
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Fourth Circuit Examines Post-Escobar Application of the Materiality Standard

The Fourth Circuit recently heard oral arguments in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of its decision in Escobar. In Triple Canopy, the relator alleges that a security contractor knowingly employed guards who […]
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SCOTUS Nominee Could Alter High Court’s View of Regulation

Neil Gorsuch, currently under consideration for a seat on the Supreme Court, is considered a pro-business judge whom some observers believe could dilute agency authority on regulation. In particular, observers note that Gorsuch has criticized a previous SCOTUS decision in Chevron USA v. Natural Resources Defense Council, in which the court held that deference should […]
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The Dos and Don’ts of Compliance Investigations: 3 Tips to Managing Regulations

Law.com – During a recent panel discussion at Legalweek: The Experience, experts provided advice for legal professionals in relation to compliance investigations. According to the panelists, legal experts should: Know their data. An organization can have many tools to collect data, some of which may be unknown to counsel and compliance officers. Legal and compliance […]
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Sixth Circuit Opinion Indicates Rule 9(b) Pleading Requirement Still Has Bite

In its recent decision in U.S. ex rel. Hirt v. Walgreen Co., the Sixth Circuit affirmed a lower court’s finding that the plaintiff failed to identify a false claim, adopting a less relaxed standard for pleading false claims than it had in U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc. In Hirt, the […]
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Attorney General Nominee Supports Qui Tam Cases

During his confirmation hearing, Attorney General-designate Senator Jeff Sessions (R-AL) indicated he would continue to support the Department of Justice’s aggressive efforts to enforce the False Claims Act. Sessions described qui tam cases as “an effective method of rooting out fraud” because they encourage companies to be more vigilant.  Sessions also suggested he believes cases […]
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First Circuit Curtails Fraudulent-Inducement Theory Where Government Took No Action After Learning of FCA...

In its recent decision in D’Agostino v. ev3, Inc., No. 16-1126, 2016 WL 7422943, the First Circuit held that a relator could not proceed with its False Claims Act claim based on alleged fraud in the inducement, because the Food and Drug Administration has not withdrawn or suspended its approval of the defendant’s medical device […]
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Challenges Government Contractors Face Maintaining A Compliant Supply Chain

Federal regulators are paying more attention to how government contractors manage risks in their supply chains, yet the global nature of parts sourcing creates serious challenges for end-to-end monitoring. Over the last few years, the Department of Defense has issued and tightened rules for how contractors should detect and avoid counterfeit electronic parts, which could […]
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Washington River Protection Solutions Agrees to Pay $5.275 Million to Settle False Overtime and...

Washington River Protection Solutions LLC will pay $5.275 million to settle allegations that it knowingly submitted false claims to the Department of Energy for overtime and premium pay and failed to comply with the contract’s internal audit requirements. The government alleged that, upon being awarded the contract, WRPS was advised by law enforcement of specific […]
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Contractor’s Appeal Stayed Pending Further Development of Criminal Case Alleging Fraud; Armed Services Board...

Government’s motion to stay consideration of contractor’s appeal of the agency’s denial of its claim for Prompt Payment Act interest is granted, where the government’s affirmative defense of fraud is substantially similar to the allegations made in a criminal indictment filed against the appellant, and where the government’s criminal case could be harmed by discovery […]
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