This post was also written by James C. Martin. In a decision that has significant repercussions both for the pharmaceutical and health care industries and False Claims Act jurisprudence more broadly, the U.S. Supreme Court denied review of a groundbreaking Fourth Circuit decision affirming the dismissal of a novel False Claims Act suit against Reed Smith … Continue Reading
This post was also written by James C. Martin. Recently the U.S. Court of Appeals for the Fourth Circuit affirmed the district court’s dismissal of the relator’s False Claims Act (FCA) complaint against Omnicare in United States ex rel. Rostholder v. Omnicare, Inc., a decision having significant repercussions for the pharmaceutical industry and broader FCA jurisprudence. … Continue Reading
As part of the Obama administration’s ongoing effort to combat health care fraud, Health and Human Services (“HHS”) Secretary Kathleen Sebelius and Attorney General Eric Holder announced a new public-private partnership designed to share information and best practices in order to improve detection and prevent payment of fraudulent health care billings. Launched July 25, 2012, … Continue Reading
The U.S. Senate unanimously passed the Whistleblower Protection Enhancement Act (S. 743) (“WPEA”) last week, a bill that builds on the Whistleblower Protection Act of 1989 (“WPA”). The WPA currently prohibits executive branch departments and agencies from taking retaliatory action against any employee who reports waste, fraud, abuse, or other wrongdoing at an agency. If … Continue Reading
On March 13, 2012, the Senate (by voice vote) unanimously passed an amendment to the $109 billion Senate Transportation bill designed to strengthen “Buy America” preferences. The legislation, introduced by Sens. Sherrod Brown (D-Ohio) and Jeff Merkley (D-Ore.), improves transparency and reporting of proposed “Buy America” waivers by requiring the Department of Transportation to provide … Continue Reading
On Thursday, February 9, Sen. Sherrod Brown (D-Ohio) introduced the United States Steel and Security Act, along with Sens. Chuck Schumer (D-N.Y.), Kirsten Gillibrand (D-N.Y.), Amy Klobuchar (D Minn.), Robert P. Casey Jr. (D-Pa.), and Al Franken (D-Minn.). The legislation would reinstate the requirement that armor steel plate purchased by the U.S. military be 100 … Continue Reading
On October 14, 2011, just one week after the release of the “WikiLeaks Order,” the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) proposed a rule that would require certain contractors to complete training that addresses the protection of privacy and the handling and safeguarding of … Continue Reading
As we noted last week, the $900 million cut from the federal budget to avoid default of the nation’s debt obligations is only just the beginning. The Budget Control Act of 2011 (“Act”) guarantees that another $1.2 to $1.5 trillion will be cut from the federal debt over the next ten years (Public Law 112-35). … Continue Reading
Last week, the House of Representatives and the Senate each voted to pass the Budget Control Act of 2011 (“Act”) raising the nation’s debt limit and averting the real threat of a default on our debt obligations. President Barack Obama promptly signed it into law the same day, narrowly averting default (Public Law 112-35). However, … Continue Reading
This post was also written by Joelle E.K. Laszlo. It has been called “a steaming pile,” posited as “the worst government website . . . ever seen,” and emblazoned with two giant red thumbs pointed downward. And those were the reviews of its proponents. Just a handful of weeks after much of its content it became … Continue Reading
Just as the 2012 political races are heating up and taking shape, Judge James Cacheris of the District Court for the Eastern District of Virginia expanded the reach of Citizens United v. FEC, 130 U.S. 876 (2010), by rendering unconstitutional limits on corporate contributions to federal candidates. In the opinion, filed May 26, 2011, Judge … Continue Reading
