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Scott Gallisdorfer focuses his practice on complex litigation and government and internal investigations, with an emphasis on matters related to the healthcare industry. Scott has significant experience in False Claims Act (FCA) litigation and healthcare fraud and abuse investigations, including civil and criminal investigations by the U.S. Department of Justice (DOJ), U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and other federal and state regulators.

As federal contractors and grant recipients navigate the changing landscape of diversity, equity, and inclusion (DEI) programs, the Trump administration’s rescinding of Executive Order No. 11246 (EO) raises new concerns about potential False Claims Act (FCA) liability for non-compliance.Continue Reading Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability

On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.Continue Reading United States Files First Complaint Under the Civil Cyber-Fraud Initiative

I recently authored a two-part article series published on The Compliance & Ethics Blog highlighting key updates in healthcare fraud compliance and enforcement, including insights from the firm’s annual 2023 Healthcare Fraud & Abuse Review and updates thus far in 2024. Continue Reading Series on Healthcare Fraud Risk for The Compliance & Ethics Blog

Halfway through 2024, the government’s False Claims Act (FCA) enforcement efforts show few signs of letting up.  Last month alone, the Department of Justice (DOJ) announced at least five eight-figure FCA settlements, resolving allegations ranging from unlawful kickbacks to upcoding to improper subcontracting to cybersecurity violations. Continue Reading False Claims Act Settlements to Know from Q2 2024

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

The final months of 2021 saw a flurry of noteworthy False Claims Act (FCA) activity. Among other developments, appellate courts issued important decisions concerning materiality, the government’s qui tam dismissal authority, and the application of the Eighth Amendment’s Excessive Fines Clause. The fourth quarter also brought news of several significant settlements, including a group of eight- and nine-figure resolutions of alleged Anti-Kickback Statute violations by pharmaceutical manufacturers and the latest example of a private equity firm paying a substantial sum to resolve FCA allegations leveled against one of its portfolio companies.

This post summarizes key developments from the year’s final quarter and identifies important takeaways for healthcare providers and government contractors.Continue Reading False Claims Act Decisions and Settlements to Know from Q4 2021