Searching Content indexed under Corporate/Commercial Law by Laura McLane ordered by Published Date Descending.
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Healthcare Enforcement Quarterly Roundup | Q2 2019
In this second installment of the Healthcare Enforcement Quarterly Roundup for 2019, we cover several topics that have persisted over the past few years and identify new issues that will shape
United States
3 Sep 2019
Process Improvements Not A Basis To Establish Scienter: District Court Grants Summary Judgment To Defendants
In a January 10, 2019, decision, the US District Court for the District of Arizona granted summary judgment to Defendants because Relators failed to raise a genuine issue of material fact on the issue of "knowledge" ...
United States
25 Jan 2019
Private Equity Sponsor Named As FCA Defendant
DOJ also made news in February 2018 when it named a private equity firm as a co-defendant in United States ex rel. Medrano and Lopez v. Diabetic Care Rx, LLC d/b/a Patient Care America, e ...
United States
23 Apr 2018
Cooperation In The Eye Of The Beholder: DOJ Official Bill Baer Elaborates On Cooperation In False Claims Act And Other Civil Enforcement Matters
The law is uncertain. One example of this uncertainty is how the "Yates Memo" is to be applied in civil cases—in particular, what constitutes "cooperation" and how cooperation may benefit a company under investigation for False Claims Act violations.
United States
21 Oct 2016
Acting Associate Attorney General Remarks On Yates Memorandum And False Claims Act
On June 9, 2016, Acting Associate Attorney General Bill Baer delivered a speech regarding the impact of the Yates Memorandum's focus on individual accountability and corporate cooperation...
United States
13 Jun 2016
SDNY Holds That Corporate Attorney-Client Privilege Trumps Individual Advice-Of-Counsel Defense
In the wake of the U.S. Department of Justice's (DOJ) recent memorandum regarding increased focus on individual culpability for corporate wrongdoing (on which we previously posted here) comes a district court decision with significant implications for individuals who attempt to assert an advice-of-counsel defense based on consultation with company counsel.
United States
30 Sep 2015
Skinner v. Armet Armored Vehicles, Inc.: One District Court’s Attempt To Apply Triple Canopy
We recently posted about the Fourth Circuit’s decision in United States ex rel. Badr v. Triple Canopy, — F.3d —-, 2015 WL 105374 (4th Cir. Jan. 8, 2015).
United States
20 Feb 2015
The Fourth Circuit’s Triple Canopy Decision: Implied Certification Versus "Garden-Variety" Breaches Of Contract (And Does The Government’s Intervention Decision Matter To The Analysis?)
The Fourth Circuit’s January 8, 2015 decision in United States ex rel. Badr v. Triple Canopy, Inc. is notable in several respects.
United States
13 Feb 2015
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