The third quarter of this year brought numerous high-dollar False Claims Act (FCA) settlements involving a variety of industries and alleged conduct.
Continue Reading False Claims Act Settlements to Know from Q3 2024Novel 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 <em>Qui Tam</em> ProvisionsUnited 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 InitiativeFalse Claims Act Decisions to Know from Q2 2024
By Molly Ruberg & Hannah Webber on
Posted in Quarterly Case & Settlement Updates
In case you missed it, this post recaps some key False Claims Act (FCA) decisions and case updates from the second quarter of this year. Courts weighed in on the FCA’s anti-retaliation provision, its first-to-file bar, and issues around judgments and awards.
Continue Reading False Claims Act Decisions to Know from Q2 2024Second 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 ProvisionInnovasis Settlement Implications
By Denise Barnes & Scott Gallisdorfer on
Posted in Anti-Kickback Statute, Self-Disclosure
We recently co-authored an article published by Law360 detailing what the $12 million settlement of the U.S. Department of Justice’s (DOJ) case against medical device maker Innovasis Inc. may mean for other Anti-Kickback Statute (AKS) cases.
Continue Reading Innovasis Settlement ImplicationsSeries on Healthcare Fraud Risk for The Compliance & Ethics Blog
By Scott Gallisdorfer on
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 BlogRite Aid and OptumRx Settlements Highlight Enforcement Focus on Pharmacy Corresponding Responsibility for Dispensing Controlled Substances
By Theresa Androff, Brian Irving & Lisa Rivera on
On July 10, the Department of Justice (DOJ) announced a nearly $410 million settlement with Rite Aid Corporation to resolve allegations that Rite Aid and its affiliates ignored red flags and knowingly dispensed unlawful controlled substances in violation of the False Claims Act (FCA) and Controlled Substances Act (CSA).
Continue Reading Rite Aid and OptumRx Settlements Highlight Enforcement Focus on Pharmacy Corresponding Responsibility for Dispensing Controlled SubstancesFalse Claims Act Settlements to Know from Q2 2024
By Scott Gallisdorfer & Bass, Berry & Sims on
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 2024Use of Data in False Claims Act Cases and Other Litigation
By Denise Barnes on
Posted in FCA Deep Dive, Whistleblower
I recently co-authored an article for the Federal Bar Association’s Qui Tam Section examining the use of data in False Claims Act (FCA) cases and other litigation, with a particular focus on these cases within the healthcare industry.
Continue Reading Use of Data in False Claims Act Cases and Other Litigation