Whistleblower-driven False Claims Act (FCA) lawsuits are on the rise, raising critical questions about the factors fueling this trend and its potential impact on enforcement. Continue Reading The Surge in FCA Whistleblower Lawsuits: What’s Driving the Trend and What Comes Next?
FCA Alert
Fourth Circuit Holds that Violation of CIA Can Support Reverse False Claims and Adopts Relaxed Rule 9(b) Presentment Requirement
By Charlotte Elam & Brian Irving on
On February 3, the U.S. Court of Appeals for the Fourth Circuit reversed a district court’s grant of a motion to dismiss, holding in relevant part that:Continue Reading Fourth Circuit Holds that Violation of CIA Can Support Reverse False Claims and Adopts Relaxed Rule 9(b) Presentment Requirement
Impact of Trump Administration’s Executive Order on DEI Programs and FCA Liability
By Denise Barnes & Scott Gallisdorfer on
Posted in Civil Investigative Demands, Civil Monetary Penalties, Compliance, Damages, Enforcement, FCA Alert, Government Contracts, Government Knowledge, Healthcare Providers, Hospitals, Knowledge/Scienter, Legislation, Materiality, Medicare/Medicaid, Penalties, Public Disclosure Bar, Retaliation, Whistleblower
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
Executive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
The Trump administration’s recent executive order targeting diversity, equity, and inclusion (DEI) programs is reshaping the landscape for healthcare providers, with potential legal and regulatory implications that are still unfolding. Continue Reading Executive Order on DEI Programs: Implications for Healthcare and False Claims Act Risks
DOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers
By Matt Curley & John Eason on
On January 15, the Department of Justice (DOJ) released its annual report on civil fraud recoveries for FY2024 along with a press release highlighting DOJ’s civil enforcement efforts. Continue Reading DOJ Releases Annual Civil Fraud Recovery Statistics and Results… Our Look Behind the Numbers
DOJ Brings Nationwide False Claims Act Lawsuit Against CVS for Alleged Violations of Controlled Substances Act
By Theresa Androff, Brian Irving & Lisa Rivera on
On December 13, the U.S. Department of Justice (DOJ) intervened in a False Claims Act (FCA) lawsuit alleging that CVS Pharmacy Inc. and its subsidiaries improperly sought federal reimbursement for prescriptions filled in violation of the Controlled Substances Act (CSA).
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False Claims Act Decisions to Know from Q3 2024
By Charlotte Elam & Reagan Schmidt on
Courts have addressed multiple False Claims Act (FCA) issues in the third quarter of this year. Below is a summary of top cases involving the constitutionality of the FCA’s qui tam provisions, the FCA’s scienter requirement, the public disclosure bar, and proof required under the FCA’s anti-retaliation provision.Continue Reading False Claims Act Decisions to Know from Q3 2024
Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions
By Scott Gallisdorfer on
In recent months, False Claims Act (FCA) defendants have increasingly sought to challenge the constitutionality of the statute’s qui tam provisions. Continue Reading Novel Ruling Raises Questions About Timing of Constitutional Challenges to the FCA’s Qui Tam Provisions
United States Files First Complaint Under the Civil Cyber-Fraud Initiative
By Denise Barnes, Scott Gallisdorfer & Taylor Sample on
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
Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision
By Charlotte Elam on
Posted in FCA Alert, Reverse False Claims
On August 6, the U.S. Court of Appeals for the Second Circuit issued a significant opinion that clarifies the requirements for pleading a reverse false claim under the False Claims Act (FCA).Continue Reading Second Circuit Addresses “Obligation” Requirement of False Claims Act’s Reverse False Claim Provision