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 2023
Nathan Brown is an associate in the Litigation & Dispute Resolution Practice Group. He focuses his practice on representing clients in investigations and related litigation and government actions, particularly involving the False Claims Act, Anti-Kickback Statute and Stark Law. In addition, Nathan assists corporate clients with internal compliance assessments and internal investigations regarding regulatory compliance matters.
Previous False Claims Act (FCA) Fundamentals posts have focused on the primary elements of an FCA claim, including falsity, materiality, scienter, and damages. Continue Reading False Claims Act Fundamentals: Statute of Limitations
As previously discussed as a part of our ongoing FCA Fundamentals series, the False Claims Act (FCA) is the federal government’s most important and most effective tool for fighting fraud. While Congress has substantially expanded the scope of the FCA since its inception during the Civil War, courts have recognized that the FCA was “not designed to reach every kind of fraud practiced on the Government” and is not intended to be a “vehicle for punishing garden-variety breaches of contract or regulatory violations.” Rather, the FCA applies only to false or fraudulent claims or omissions that are “material” to the government. So what is materiality?
Continue Reading False Claims Act Fundamentals: What is Materiality?
As we have previously covered in a blog post dated August 25, 2021, the Senate is currently considering Senate Bill 2428, the False Claims Amendments Act of 2021 (FCAA), which would cause several significant changes that would make it more difficult for defendants in False Claims Act (FCA) cases. On October 28, 2021, Senate Judiciary Committee (Committee) considered the bill originally introduced by Senator Chuck Grassley (R-IA) in July of this year.
Continue Reading False Claims Act Amendments Take More Direct Attack at Escobar and Pass Senate Judiciary Committee