Smith Pachter McWhorter Publishes 2019 FCA Practice Guide
Smith Pachter McWhorter PLC has published the 2019 edition of its False Claims Act Practice Guide. The Guide provides a comprehensive overview of the law and its requirements for liability, as well as a thorough review of how courts and federal agencies are interpreting those requirements. The Guide describes the statutory scheme, common theories of liability and stumbling blocks, and notable developments over the past year. In 2018, for example, the Department of Justice issued several memoranda affecting False Claims Act enforcement, and federal courts continued to interpret the Supreme Court’s 2016 ruling in Universal Health Servs., Inc. v. United States ex rel. Escobar – particularly its discussion of how the materiality of a false statement or regulatory noncompliance can be demonstrated.
