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  • Article

    "Investment Management And Related Practices: Compendium Of Articles Published In 2016"

    Throughout 2016, Stroock's Investment Management practice and our related interdisciplinary practice areas published several articles of interest to industry participants.
    United StatesFinance and Banking
    Stroock & Stroock & Lavan LLP
    Stroock & Stroock & Lavan LLP
  • Article

    Another Day, Another Whistleblower Retaliation Suit

    A False Claims Act ("FCA") retaliation claim, 31 U.S.C. 3730(h), filed January 26, 2016 in federal district court in Oregon, provides a perfect example of the type of challenging cases confronting health care employers today.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Reed Smith
    Reed Smith
Article

Eighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed

In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act by marketing their pain pumps for harmful off-label uses.
United StatesFood, Drugs, Healthcare, Life Sciences
Foley & Lardner LLP
Foley & Lardner LLP
  • Article

    Eleventh Circuit Affirms Vitality Of Employee Exemption To The Anti-Kickback Statute

    On Aug. 7, 2018, the U.S. Court of Appeals for the Eleventh Circuit affirmed the dismissal of a whistleblower case brought under the federal False Claims Act.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Holland & Knight
    Holland & Knight
  • Article

    Federal Court Rules False Claims Act's Whistleblower Provisions Are Unconstitutional

    On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida dismissed United States, ex rel. Zafirov v. Florida Medical Associates, LLC et al., a False Claims Act (FCA) case brought by a qui tam relator.
    United StatesFood, Drugs, Healthcare, Life Sciences
    BakerHostetler
    BakerHostetler
  • Article

    Physician Compensation – Fair Market Value

    A recent whistleblower case led to the filing of a false claims act complaint against Community Health Network (CHN) by the United States of America Department of Justice on January 7, 2020.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Duane Morris LLP
    Duane Morris LLP
  • Article

    The DOJ Enters Another FCA Lawsuit Against Unitedhealth

    The DOJ's 39-page complaint alleges that United had fraudulently obtained inflated risk adjustment payments by over reporting diagnosis codes for MA beneficiaries since 2005.
    United StatesFood, Drugs, Healthcare, Life Sciences
    BakerHostetler
    BakerHostetler
  • Article

    The Enforcement Risks For Medicare Advantage Plans Continue: A New False Claims Act Settlement In Florida

    Recent activities of the Department of Justice ("DOJ") and Qui Tam whistleblowers reveal that Medicare Advantage Plans remain at the forefront of investigations for violations of the federal False Claim Act...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Sheppard
    Sheppard
  • Article

    An Overbroad Confidentiality Agreement Could Cost Your Company A DoD Contract, Or Worse

    If a contractor's policies and agreements do not carve out whistleblower reporting, the contractor could find itself facing a default termination, a bid protest, or even a False Claims Act suit.
    United StatesGovernment, Public Sector
    Blank Rome LLP
    Blank Rome LLP
  • Article

    BSA/AML Reform Under The NDAA

    On January 1, 2020, Congress voted to override the president's veto of the National Defense Authorization Act for Fiscal Year 2021 (NDAA), enacting the most significant overhaul of the...
    United StatesGovernment, Public Sector
    Arnold & Porter
    Arnold & Porter
  • Article

    Divided Sixth Circuit Dismisses Compliance Officer's FCA Whistleblower Retaliation Claim

    Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer's whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated.
    United StatesGovernment, Public Sector
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Final Rule on Whistleblower-Related Legal Costs Shows It Pays (Possibly Literally) To Comment On Proposed Regulations

    The DOD, GSA, and NASA adopted a Final Rule addressing the allowability of legal costs incurred by a contractor or subcontractor defending against a whistleblower.
    United StatesGovernment, Public Sector
    Reed Smith
    Reed Smith
  • Article

    SEC Message To Government Contractors: Don't Limit Whistleblowing

    On April 1, the Securities and Exchange Commission ("SEC") settled its first enforcement action against a company for violating whistleblower protections by including restrictive language in confidentiality agreements used in its internal investigations.
    United StatesGovernment, Public Sector
    Reed Smith
    Reed Smith
  • Article

    Double-Check Existing Policies For Whistleblower Coverage

    Whistleblower lawsuits under the False Claims Act, also known as qui tam actions, have become more common in recent years.
    United StatesInsurance
    Reed Smith
    Reed Smith
  • Article

    Three Things To Know About The New Federal Trade Secret Law

    The new law, known as the Defend Trade Secrets Act of 2016 ("DTSA"), allows parties to sue in federal courts, even against citizens of the same state and regardless of the amount at stake.
    United StatesIntellectual Property
    Reinhart, Boerner, Van Deuren SC
    Reinhart, Boerner, Van Deuren SC
  • Article

    Add Importers To Those Facing Expanding Whistleblower Claims Under The False Claims Act

    On February 12, 2015, the Department of Justice (DOJ) announced that three U.S.-based importers had agreed to pay more than $3 million to resolve a lawsuit brought by the United States...
    United StatesInternational Law
    Sheppard
    Sheppard
  • Article

    Justice Department Charges Think Tank Founder For Evading FARA, Acting As Unregistered Foreign Agent

    On July 10, 2023, the U.S. Attorney's office for the Southern District of New York announced the unsealing of an eight-count indictment against dual U.S.-Israeli citizen and Hunter Biden whistleblower Gal Luft.
    United StatesInternational Law
    Wiley Rein
    Wiley Rein
  • Article

    DOJ Recovers Up To $48 Million in False Claim Act Case Resulting From Whistleblower Report

    In yet another large recovery for the DOJ, on December 6, 2012, DFB Pharmaceuticals, and its subsidiary, Healthpoint Ltd., agreed as part of a settlement to pay up to $48 million to resolve allegations that Healthpoint caused false claims to be submitted to Medicare and Medicaid for an unapproved drug, Xenaderm.
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Florida District Court Limits Scope Of Protected Activity Under The FCA

    On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act ("FCA"), a plaintiff must specifically...
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Expect More Cyber-Enforcement Under The False Claims Act

    Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific "high impact initiatives" that the federal government will carry out to achieve its cybersecurity objectives.
    United StatesTechnology
    Bass, Berry & Sims PLC
    Bass, Berry & Sims PLC
  • Showing 621–640 of 2410 results

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