On November 28, the U.S. Court of Appeals for the Second Circuit held that the service-of-process clock for a False Claims Act (FCA) qui tam complaint begins to run when the district court orders the complaint to be served, not when the district court unseals the complaint.
Continue Reading Second Circuit Rejects Insufficient Service-of-Process Argument, Adopts Relator-Friendly RuleCyber Incident Reporting May Be “Material” for Federal Contractors
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA).
Continue Reading Cyber Incident Reporting May Be “Material” for Federal ContractorsFalse Claims Act Decisions to Know from Q3 2023
Below are noteworthy False Claims Act (FCA) decisions from the third quarter of 2023.
Continue Reading False Claims Act Decisions to Know from Q3 2023False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth Prescriptions
A qui tam False Claims Act (FCA) complaint was recently unsealed against Cerebral, a telehealth startup that provides virtual mental-health therapy, in the U.S. District Court for the Northern District of Iowa.
Continue Reading False Claims Act Case Unsealed Against Cerebral, Showing Continued Scrutiny of Telehealth PrescriptionsDistrict Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided
Two Massachusetts federal district courts recently addressed—and disagreed about—an important False Claims Act (FCA) issue that has also divided the federal circuit courts: when an alleged FCA violation is based on an underlying violation of the Anti-Kickback Statute (AKS), what kind of causal link must the government or a relator show between the alleged AKS violation and the allegedly false claim for payment? Continue Reading District Courts Wrestle with Causation in Kickback Cases While Circuit Courts Remain Divided
FCA Risk for Private Equity Investment in Healthcare for Mergers & Acquisitions Magazine
We contributed an article addressing the mounting risks faced by private equity (PE) firms investing in the healthcare industry in the July/August 2023 issue of Mergers & Acquisitions Magazine. In the article, we delved into the complexities of this highly-regulated sector and the heightened attention it receives from government enforcement bodies.
Continue Reading FCA Risk for Private Equity Investment in Healthcare for Mergers & Acquisitions MagazineNinth Circuit Limits Damages in Government Procurement Case
On August 8, the Ninth Circuit issued a key decision clarifying two important aspects of damages under the False Claims Act (FCA) in the government procurement context.
Continue Reading Ninth Circuit Limits Damages in Government Procurement CaseRegister Now | How to Respond to a Civil Investigative Demand Webinar
Join us on September 13 for a webinar in which we will discuss responding to a government investigation and specifically responding to a CID.
Continue Reading Register Now | How to Respond to a Civil Investigative Demand WebinarFalse Claims Act Decisions to Know from Q2 2023
In this post, we summarize noteworthy False Claims Act (FCA) decisions from the second quarter of 2023.
Continue Reading False Claims Act Decisions to Know from Q2 2023False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena
If you are part of a heavily regulated—or heavily litigated—industry, at some point, you or your company are likely to receive a third-party subpoena.
Continue Reading False Claims Act Fundamentals: How to Respond to a Third-Party Subpoena