Thursday, October 22, 2020

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Privilege Waived When Internal Investigation Provided to Outside PR Firm; United States District Court...

The district court granted the plaintiff’s motion to compel production of an internal investigative report in her qui tam complaint alleging healthcare fraud. The...

Failure to Set Payment Schedule No Basis for Overturning Qui Tam Settlement; United States...

The Eleventh Circuit affirmed a district court’s denial of the defendants’ motion to reopen a qui tam complaint after a settlement agreement had been reached. Before the case went to trial, the parties signed a settlement agreement and agreed to have DOJ determine a settlement amount. However, they did not negotiate a payment schedule or […]
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FCPA Defendant, Whose Conspiracy Precipitated a Corporate Takeover, Must Pay Restitution to Shareholders of...

Over the objections of the Department of Justice, the district court for the Eastern District of New York ruled that shareholders of a company...

Lack of Specificity Fatal to Fifth Amended FCA Complaint; U.S. District Court for the...

The U.S. District Court for the Central District of California denied a relator’s request to file a sixth amended complaint alleging Raytheon Company violated the False Claims Act in relation to a subcontract with Northrop Grumman. The relator alleged Raytheon’s requests for payment included certifications that Raytheon had complied with the contract specifications, when in […]
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SCOTUS: SEC Disgorgement Permissible Under Equitable Relief Doctrine; Supreme Court of the United States...

In an 8-1 decision, the Supreme Court held that disgorgement is a permissible remedy under the doctrine of equitable relief, provided the award does...

Amtrak OIG: Better Adherence to Leading Practices for Ethics Programs Could Reduce Company Risks

In a recent report, the Amtrak Office of Inspector General assessed the extent to which the company has an effective ethics program, consistent with leading practices, to prevent and detect criminal and other unethical behavior. Recent OIG work found that Amtrak had experienced recurring ethical lapses at all levels across the company. Since September 2014, […]
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Falsified Labor Hours Material to Government’s Decision to Pay Invoices and Establish Payment for...

The district court partially denied the defendants’ motion to dismiss, finding the plaintiffs plausibly asserted their former employer falsified direct labor hour reports when...

OFCCP Releases New Construction Technical Assistance Guide

The Office of Federal Contract Compliance Programs has released a new technical assistance guide for construction contractors. Construction contractors can use the technical assistance guide as a self-assessment tool to review the practices they have in place to eliminate discrimination and achieve their equal employment opportunity goals. The guide includes: An overview of the equal employment opportunity obligations for […]
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Relator Substitution Bars Claim Under First-to-File Bar, Blocks Original Relator from Appealing; United States...

The Ninth Circuit affirmed a district court’s dismissal of a qui tam case under the first-to-file bar. After an initial complaint filed by an LLC was dismissed, the plaintiffs’ attorney substituted the LLC with a Jane Doe relator when filing the first amended complaint. However, the district court found no connection between the Jane Doe […]
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Delivery of Counterfeit Parts to DoD Sufficient to Frame Case as Domestic Application of...

The district court denied a motion to dismiss by defendants in a retaliation case alleging the company fired the plaintiff when he raised concerns...