04/29/2014 - Law360 Guest Article: Emerging Circ. Split Over Scope Of FCA First-To-File Bar
In a recent decision, the D.C. Circuit significantly expanded the scope of the False Claims Act’s first-to-file bar, while also pitting itself against a handful of circuit courts going the other way.
04/17/2014 - D.C. Circuit Creates Circuit Split by Holding FCA First-to-File Bar Applies Even When First Action is No Longer “Pending”
The D.C. Circuit recently expanded the scope of the False Claims Act’s first-to-file defense. See United States ex rel. Shea v. Cellco Partnership
, __ F.3d __, 2014 WL 1294687 (D.C. Cir. April 11, 2014).
03/04/2014 - Fourth Circuit Affirms Dismissal of FCA Suit Alleging Regulatory Violations
The Fourth Circuit recently held that selling contaminated drugs in violation of FDA regulations does not give rise to False Claims Act liability where compliance with the regulations is not a condition of federal reimbursement.
01/21/2014 - False Claims Act Year in Review 2013
This 2013 Haynes and Boone False Claims Act Year in Review
highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.
11/05/2013 - Whistleblowing Lawyer Violated Ethical Obligations in Bringing False Claims Act Suit against Former Client, Second Circuit Holds
The Second Circuit recently affirmed the dismissal of a False Claims Act lawsuit brought by the former general counsel of a clinical laboratory because the counsel disclosed confidential information in violation of state ethics rules.
08/15/2013 - Houston Business Journal Guest Article: Are You Afraid of the False Claims Act? You Should Be
The False Claims Act (FCA) is a federal statute traditionally used to prosecute government contractors and health care providers for defrauding the government.
06/27/2013 - Recent Case Highlights Practical Considerations for Creating an Enforceable Teaming Agreement
Government contractors often use teaming agreements to combine the services of two or more contractors to offer the most persuasive bid for a government contract. The prime contractor typically agrees with the other team members that if the prime wins the bid, it will allocate some of the contractual work to the other member(s).
05/15/2013 - $39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare
Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government.
03/27/2013 - Seventh Circuit Clarifies How to Treble Damages under the FCA
The Seventh Circuit recently reversed a $2.7 million damages award against a mortgage company accused of lying in applications for federal loan guarantees. See United States v. Anchor Mortg. Corp.
, 2013 WL 1150213 (7th Cir. Mar. 21, 2013).
03/04/2013 - Jury Awards $28 Million in False Claims Act Suit against Nursing Home
A federal court jury in Illinois found that nursing home operator Momence Meadows fraudulently billed Medicare and Medicaid for “worthless services” and falsely certified compliance with health care laws and regulations, resulting in $28 million in damages to the government.
02/28/2013 - Supreme Court Limits Government’s Ability to Seek Civil Penalties on Stale Claims
The United States Supreme Court yesterday significantly limited the federal government’s ability to bring an action for civil penalties more than five years after the alleged misconduct occurred.
12/05/2012 - Federal Judge Orders Disclosure of Emails with In-House Counsel in FCA Case
In light of a recent federal court order, companies – especially those at risk of False Claims Act suits – should revisit their protocol for handling communications with in-house counsel.
08/15/2012 - Fifth Circuit Holds SEC Claims Against Bartek Untimely
In Securities and Exchange Commission v. Bartek
, the Fifth Circuit held that the federal “catch all” statute of limitations for government enforcement actions - 28 U.S.C. § 2462 - begins to run when the violation occurs, not when the government discovered the violation.
06/19/2012 - The Risk Of False Claims Act Liability Is Rising
The state of Georgia will soon join a growing number of jurisdictions enacting False Claims Act statutes with far-reaching implications. The “Georgia Taxpayer Protection False Claims Act” authorizes the state attorney general and private citizens to seek civil penalties and treble damages on behalf of the state and any local government that pays a false or fraudulent claim to any individual or entity.
12/21/2011 - DOJ Report Emphasizes Continued Growth of False Claims Act Cases
On Monday December 19, 2011, the Department of Justice announced year-end results for False Claims Act (“FCA”) cases in fiscal year 2011. The results demonstrate a dramatic increase in FCA cases brought by the government and private whistleblowers.
11/09/2011 - D.C. Circuit Dismisses Sallie Mae FCA Suit Based on First-to-File Rule
The United States Court of Appeals for the D.C. Circuit recently held that a complaint does not need to meet the heightened pleading standards for fraud claims in order to satisfy the first-to-file rule under the False Claims Act (“FCA”).
10/20/2011 - Supplementing a Bid Protest Record in a Post-Axiom World
Many practitioners believe that the Federal Circuit’s recent decision in Axiom Resource Mgmt., Inc. v. United States,
564 F.3d 1374 (Fed. Cir. 2009), greatly restricted the ability of courts to supplement an administrative record in a bid protest action. The court held in that case that “supplementation of the record should be limited to cases in which ‘the omission of extra-record evidence precludes effective judicial review.’”
06/30/2011 - Supreme Court Issues Two Significant Personal Jurisdiction Decisions
The United States Supreme Court recently issued two important opinions clarifying when a court may exercise personal jurisdiction over a foreign defendant.
05/23/2011 - Supreme Court Holds FOIA Responses Trigger FCA Public Disclosure Bar
The Supreme Court recently held that a federal agency’s response to a Freedom of Information Act (FOIA) request could bar a later False Claims Act case based on the information disclosed. In Schindler Elevator Corp. v. United States ex rel. Kirk,
563 U.S. __ (2011), the Court held that a response to a FOIA request is a “public disclosure” in an “administrative report” under the False Claims Act.
04/01/2011 - Limitations on the SEC: The Application of 28 U.S.C. § 2462 in SEC Proceedings
Although there is no express statute of limitations for lawsuits instituted by the SEC, numerous courts have held - and the SEC has acknowledged - that the federal “catch all” statute of limitations, 28 U.S.C. § 2462, applies to claims brought by the SEC.
07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.
06/04/2009 - Invisible Ink: What You Didn’t Sign (Binding Non-Signatories to Arbitration Clauses, Jury Waivers, and Forum Selection Clauses)
Increasingly, sophisticated parties are agreeing to mandatory arbitration provisions, jury waivers, or forum selection clauses in order to control any future litigation. This paper gives an overview of how the Texas Supreme Court has addressed issues that arise, and attempts to predict how it might resolve similar questions in the future.