Consistent with the Biden Administration’s keen focus on improving the nation’s cybersecurity, as articulated in Executive Order 14028 and discussed in greater detail here, the Department of Justice (DOJ) formally announced the launch of its new Civil Cyber-Fraud Initiative (Initiative) on October 6, 2021. The Initiative will “combine the department’s expertise in civil fraud enforcement, … Continue Reading
As a lawyer who regularly defends qui tam suits brought against government contractors under the False Claims Act (FCA), a recent decision from the U.S. Court of Federal Claims in The Tolliver Grp. Inc. v. United States, Fed. Cl., No. 17-1763C (J. Lettow 10/26/18) prompted me to remind federal government contractors defending civil qui tam … Continue Reading
The U.S. Court of Appeals for the Fifth Circuit recently issued a well-reasoned decision that takes the rare step of overruling a jury finding of False Claims Act (FCA) liability, and erasing the damages award of more than $663 million, after trebling and inclusion of civil penalties. See United States ex rel. Harman v. Trinity … Continue Reading
The U.S. Supreme Court recently granted certiorari in Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7, to review the “implied certification” theory of liability under the False Claims Act. In recent years, that theory has been applied in a wide variety of circumstances with increased frequency, exposing defendants to substantial damages … 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
This post was written by Andrew Bernasconi and Nathan Fennessy. As we noted previously, there has been increasing attention in False Claims Act (“FCA”) cases to whistleblowers who fail to preserve relevant evidence. Now, in a recent decision in the United States District Court for the District of New Mexico, the government has been sanctioned for its … Continue Reading
This post was also written by Andrew C. Bernasconi and Nathan R. Fennessy. In a troubling decision that could have significant implications for grant recipients, the Second Circuit recently held that the proper measure of damages in a False Claims Act (“FCA”) case against a grant recipient is the full amount of the grant, regardless of … Continue Reading
This post was written by Andrew C. Bernasconi and Nathan Fennessy. Continuing the recent trend of decisions sanctioning whistleblowers for failing to comply with their discovery obligations (see our previous posts “Whistleblower Precluded from Relying Upon Stolen Records for False Claims Act Case” and “FCA Qui Tam Relator Sanctioned for Destroying Evidence on Company-Issued Laptop”), the … Continue Reading
This post was written by Scot T. Hasselman, Andrew C. Bernasconi, Nathan Fennessy, and Gunjan Talati. In a case of first impression in the United States Court of Appeals for the Fifth Circuit, the court held in United States ex rel. Little v. Shell Exploration & Production Co., No. 11-20320 (5th Cir. July 31, 2012) … Continue Reading
This post was written by Andrew Bernasconi and Nathan Fennessy. In yet another reminder about the importance of maintaining evidence on company-issued laptops, BlackBerrys, or other electronic devices, the United States District Court for the Northern District of California recently sanctioned a qui tam relator for destroying more than 10,000 documents on his company-issued laptop. Moore … Continue Reading
