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Searching Content indexed under White Collar Crime, Anti-Corruption & Fraud by McDermott Will & Emery ordered by Published Date Descending.
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1
US Supreme Court To Review Unusual Second Circuit Decision In Stock Drop Case Against IBM
On Monday, the US Supreme Court agreed to review the Second Circuit's decision in Jander v. Retirement Plans Committee of IBM, a "stock drop" lawsuit against IBM's benefit plan fiduciaries.
United States
21 Jun 2019
2
DOJ's Enforcement Activity Against Individuals: Acute Focus On Telemedicine
DOJ's focus on individual accountability is particularly important with respect to telemedicine. Telemedicine is a burgeoning field, with a projected market increase of 18 percent
United States
22 May 2019
3
Oracle Granted Partial Summary Judgment In 401(k) Fees/Investment Option Case
The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries.
United States
15 Apr 2019
4
Eighth Circuit Rejects FCA Claim For Failure To Allege Actual Claims For Payment
On February 11, 2019, the Eighth Circuit affirmed the dismissal of a group of relators' qui tam suit against Crawford County Memorial Hospital for failure to meet the pleading standards required
United States
21 Mar 2019
5
Eleventh Circuit Rules Qui Tam Relator Barred From Forfeiture Case
The Eleventh Circuit held that criminal forfeiture law bars qui tam plaintiffs from intervening in related forfeiture proceedings.
United States
31 Oct 2018
6
Health Care Enforcement Quarterly Roundup Q3 | September 2018
In the latest installment of Health Care Enforcement Quarterly Roundup, we examine key enforcement trends in the health care industry that we have observed over the past few months.
United States
9 Oct 2018
7
Tread Lightly: Tire Company's Use of Competitor's Mold Is Reverse Passing Off
OTR sold an industrial tire known as Outrigger and owned registered trade dress for the Outrigger tire tread design.
United States
6 Sep 2018
8
Sixth Circuit Declines To Revisit Materiality Ruling
The court's one-page order did not explain the reasoning for declining the petition, although it noted that the dissenting judge voted in favor of re-hearing.
United States
4 Sep 2018
9
Circuit Court Affirms Payments For Referrals Made To Employees Are Protected By The AKS Safe Harbor
The Department of Justice and the State of Florida declined to intervene.
United States
31 Aug 2018
10
Recent District Court Decisions Highlight Conflicting Stances On Dismissal Of Frivolous FCA Claims
On June 29, 2018, federal district courts in California and Kentucky issued conflicting decisions over the deference owed to prosecutors in seeking to dismiss frivolous False Claims Act (FCA) ...
United States
24 Aug 2018
11
Timing Is Everything: The Sixth Circuit's Application Of The Materiality Test
The materiality test articulated in Escobar has become one of the most litigated issues in False Claims Act (FCA) practice.
United States
20 Jul 2018
12
District Court Decision Joins Ranks Of FCA Cases Confirming Escobar's Materiality Standard
On June 8, 2018, the US District Court for the Eastern District of Virginia granted in part a motion for summary judgement filed by a government contractor ...
United States
6 Jul 2018
13
Courts Weigh Appropriateness Of Statistical Sampling In Ongoing Case
On April 2, 2018, the magistrate judge for the US District Court for the Southern District of Indiana issued an order refusing qui tam relators' request to conduct discovery ...
United States
14 Jun 2018
14
Massachusetts Lawsuit Against Long-Term Pharmacy Care Provider Fails To Clear The Legacy FCA Public Disclosure Bar
On April 30, 2018, the U.S. District Court for the District of Massachusetts dismissed the last remaining state FCA claims against long-term care pharmacy provider PharMerica, Inc. on the grounds that neither relator...
United States
18 May 2018
15
District Court Discards FCA Claim With Prejudice For Inability To Identify Specific False Claims
On April 24, 2018, the District Court of Maryland dismissed with prejudice a relator's qui tam suit against Johns Hopkins Health System Corporation (Johns Hopkins) for failure to state a claim.
United States
15 May 2018
16
Eleventh Circuit Decision Expands Circuit Split On The FCA's Statute Of Limitations
On April 11, 2018, the Eleventh Circuit split from several other circuits on the question whether False Claims Act (FCA) relators can rely on the three-year statute of limitations extension ...
United States
30 Apr 2018
17
Fraudulent Lawsuit Allegations Insufficient To Maintain RICO Claim
Addressing the sufficiency of allegations to sustain a claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act, the US Court of Appeals ...
United States
27 Apr 2018
18
The Third Circuit Rejects The Anti-Kickback Statute "Tainted Claims" Theory
A key area of dispute in False Claims Act (FCA) cases based on Anti-Kickback Statute (AKS) violations is what degree of connection plaintiffs must allege between alleged kickbacks and "false claims."
United States
26 Apr 2018
19
DOJ Maintains Focus On FCA Enforcement Against Individuals
In September 2015, DOJ issued the well-known "Yates Memo" (named for then-Deputy Attorney General Sally Yates), which focuses on individual accountability for corporate wrongdoing.
United States
23 Apr 2018
20
Guidance Memoranda Continue To Be Used By DOJ Leadership To Endorse Enforcement Priorities And Protocols
DOJ has long used guidance memoranda to reflect enforcement priorities and provide specific guidance to its prosecutors. This remains true in the Trump administration. In the first quarter of 2018 ...
United States
23 Apr 2018
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