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Escobar’s “Rigorous” Materiality Standard: Recent Developments – Part Two
Ninth Circuit Holds That the FCA Does Not Require Objective Falsehoods and That False Certification of Medical Necessity May Give Rise to FCA Liability
Court Holds Medicare National Coverage Determinations are Binding and May Form the Basis of FCA Claims; United States District Court for the Southern District of Ohio, Western Division, No 1:18-cv-587, U.S. ex rel. Donald Lynch M.D. v University of Cincinnati Medical Center LLC, et al.
MiMedx Group Inc. Agrees to Pay $6.5 Million to Resolve False Claims Act Allegations of False Commercial Pricing Disclosures
Falsified Labor Hours Material to Government’s Decision to Pay Invoices and Establish Payment for Future Options; United States District Court for the District of Columbia No. 15-2105 (ABJ), U.S. ex rel. Larry Hawkins et al. v ManTech International Corporation, et al.
Amendments to Whistleblower Protections Expanded Coverage for Relators, not Liability to Company Employees; United States District Court for the District of Utah, Central Division No. 2:17-cv-527-TC, Travis Cella v. MobiChord Inc., et al.
Tips to Mitigate Future COVID-Funding Enforcement Risks
Defendant Can’t Explain Alleged Billing Fraud As Compliance Requirement; United States District Court for the Eastern District of Texas, Marshall Division, No. 2:16-CV-00432-JRG, U.S. ex rel. Caleb Hernandez and Jason Whaley v. Team Finance LLC
Amount the Relator Would Have Recovered But For Government’s Separate Settlement Counts as Alternate Remedy; United States District Court for the District of Nevada No. 3:12-cv-00295-LRH-CLB, U.S. ex rel. Cecelia Guardiola v. Renown Health et al.
Stark Law Waivers Issued During COVID-19 Pandemic
Medical Opinions Not Immune From FCA Scrutiny; United States Court of Appeals for the Third Circuit No. 18-3298, U.S. and the State of New Jersey ex rel. Victoria Druding et al. v. Care Alternatives
Manipulation of Borrower Income Data Not Merely Incidental to Compliance with Government Mortgage Insurance Program Rules; United States District Court for the Central District of California No. CV 19-1630 PSG (JPRx), U.S. ex rel. Malou Tutanes-Luster v. Broker Solutions Inc.
Evidence Too Thin to Show Pharma’s Speaker Events Were Actually Kickbacks; United States District Court for the Southern District of New York No. 13-CV-3700 (KMW), U.S. ex rel. Steven M. Camburn v. Novartis Pharmaceuticals Corporation
Ground Breaking Decision in Federal Appeals Court Protects Whistleblowers and Civil Rights Plaintiffs from Excessive Court Costs
Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered During an Internal Investigation Under the FAR’s Mandatory Disclosure Rule
The Special Inspector General for Pandemic Recovery – Crisis Funding Comes with Heightened Investigation Risk
Defendant Says He Can’t Be Held Vicariously Responsible for Misconduct, But Government Says It’s Personal; United States District Court for the Middle District of Tennessee, Nashville Division No. 3:16-cv-0549, U.S. and the State of Tennessee ex rel. Suzanne Alt et al. v. Anesthesia Services Associates PLLC d/b/a Comprehensive Pain Specialists, et al.
Government Cannot Use Relator’s Qui Tam Case to Argue He Also Engaged in the Alleged Fraud; United States District Court for the Middle District of Tennessee, Nashville Division No. 3:16-cv-0549, U.S. and the State of Tennessee ex rel. Suzanne Alt et al. v. Anesthesia Services Associates PLLC d/b/a Comprehensive Pain Specialists, et al.
Defense Production Act, Rated Orders & the FCA: Long-Term Liability Amid a Current Crisis?
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