Sunday, October 25, 2020

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DOJ Investigates Efforts by Barclay’s CEO to Identify Whistleblower

The Department of Justice is investigating whether the efforts of Barclay Chief Executive Office Joes Staley identify a company whistleblower violated the Dodd Frank Act’s whistleblower protections. More at Whistleblower Lawyer News
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Understanding the New DOJ Compliance Guidance: Part Three – Policies & Procedures

In the third of a series of posts, Orrick attorneys Pamela Davis, Lily Becker and Justin Giovannettone explore the critical elements of a successful compliance program. More at Orrick
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Contractor’s Appeal Stayed Pending Outcome of Criminal Fraud Case; ASBCA No. 57510, Appeal of...

The government’s motion to amend its response to a claim to assert the affirmative defense of first material breach is granted, where delays in the government’s filing do not outweigh the prejudice and potential harm to the government were it denied the only opportunity available to defend the contractor’s claims; and motion to stay proceedings […]
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The Quicken Origin Story: Michigan Federal Court Addresses False Claims Act

A recent opinion in United States v. Quicken Loans Inc. addresses multiple issues under the False Claims Act, including causation of damages, knowledge, and materiality. The court rejected Quicken’s argument that it could not knowingly violate a purportedly ambiguous rule regarding its practice of allowing employees to appeal appraisers’ valuations of properties. Unlike the Supreme […]
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Clients Not Ready to ‘Talk to a Robot,’ but Jackson Lewis Bets on Automating...

Jackson Lewis has announced the beta launch of workthruIT, an online suite of tools for workplace laws and regulations. Available to select clients, the program includes 16 tools to help in-house counsel, human resources, professionals, and employers find information around workplace decisions and bring their findings to an attorney for advice. The tools include checklists, […]
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Second Circuit Affirms Dismissal of FCA Cases

The Second Circuit recently affirmed the dismissal of two False Claims Act cases alleging the failure to reimburse the Centers for Medicare and Medicaid Services for conditional payments under the Medicare Secondary Payer provision of the Medicare Act. In United States ex rel. Takemoto v. Nationwide Mut. Ins. Co., et al., Case No. 16-365, the […]
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The Fourth Circuit Upholds the Government’s Veto Authority over FCA Settlements

In United States ex rel. Michaels v. Agape Senior Community, Inc., the Fourth Circuit held that the federal government has unreviewable veto authority of proposed settlements of False Claims Act qui tam actions even when the government has not intervened. In the case, two relators filed an FCA case on behalf of the federal government […]
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Bethany Hipp: Experienced Compliance Professionals Are a Good Investment

Experienced compliance professionals can bring significant value to an organization, even when the return on investment may be difficult to quantify. Because compliance professionals help organizations avoid misconduct, companies may not know how to measure the cost of an investigation that was not conducted or the ability to identify an obscure but serious risk. Experienced […]
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District Court Calls into Question Scope of CMS Overpayment Rules

In UnitedHealthcare Ins. Co. v. Price, the district court held that UnitedHealthcare has standing to sue the Centers for Medicare and Medicaid Services in connection with two recent final rules that define when an entity has identified an overpayment made by Medicare or Medicaid. The Affordable Care Act requires entities to report such overpayments or […]
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Court Has Jurisdiction to Freeze Assets but Not to Thaw Them

In United States ex rel. Lutz v. BlueWave Healthcare, a Fourth Circuit judge dismissed an appeal after concluding it lacked jurisdiction to unfreeze assets attached by the government during a qui tam action. In the case, the relators alleged BlueWave and related parties violated the Anti-Kickback Statute and False Claims Act by paying kickbacks to […]
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