Allegations of Ongoing Fraud Might Clear Public Disclosure Bar, but not when Government Still Monitoring Defendant; United States Court of Appeals for the Sixth Circuit No. 20-5301, U.S. ex rel. Gurpreet Maur M.D. v. Elie Hage-Korban, et al.February 26, 2021
Opposition to Summary Judgment Cannot Rely on Alleged False Claims Not Raised in Complaint; United States District Court for the District of New Jersey No. 11-1326, U.S. ex rel. Mark Silver, et al. v. Omnicare Inc., et al.February 26, 2021
White Collar Enforcement Under the Biden Administration and Its Potential Impact on The Tech IndustryFebruary 25, 2021
Fraudulently Obtained Drug Patents Created “Downstream” Fraud on Government Healthcare Programs; United States District Court for the Northern District of California No. 18-cv-03018 JCS, Zachary Silbersher, et al. v. Allergan Inc., et al.February 25, 2021
Court Stays Patent Fraud Case Pending Ninth Circuit Appeal; United States District Court for the Northern District of California No. 18-cv-03018 JCS, Zachary Silbersher, et al. v. Allergan Inc., et al.February 25, 2021
Physician Alleged Fraudulent Diagnoses, but Could Not Say Whether They Resulted in Claims; United States District Court for the Middle District of Florida, Tampa Division, No. 8:12-cv-236-VMC-AEP, Emese Simon and Florida Rehabilitation Associates, Pllc v. HealthSouth of Sarasota Limited Partnership, et al.February 25, 2021
Second Circuit: “Payment Decision” Includes Contract Formation in Fraudulent Inducement Cases; United States Court of Appeals for Second Circuit No. 19-4331, United States v. Lee Strock, et al.February 25, 2021
IT Vendor Settles Alleged Over-Billing for Under-Qualified Employees, for $6 MillionFebruary 25, 2021
Courts Continue to Diverge on How Post-Complaint Government Conduct Affects Materiality Analysis Under EscobarFebruary 24, 2021
Senator Grassley and Senior DOJ Official Discuss Potential False Claims Act Changes and Enforcement PrioritiesFebruary 24, 2021
Expert Can Testify on Work Environment, But Can’t Tell Jury How to Feel About it; United States District Court for the Middle District of Florida, Tampa Division, No. 8:14-cv-778-T-33AAS, Darius Clarke M.D., et al. v. HealthSouth Corporation, et al.February 24, 2021
Opinions Alone Insufficient Basis for Expert Declaration; United States District Court for the Middle District of Florida, Tampa Division, No. 8:12-cv-236-VMC-AEP, Emese Simon and Florida Rehabilitation Associates, Pllc v. HealthSouth of Sarasota Limited Partnership, et al.February 24, 2021
Claims Frivolous if Relator Cannot Show Knowledge, Materiality; United States District Court for the District of Nevada No. 2:15-CV-1621 JCM (VCF), U.S. ex rel. Cheryl Nolte Barnes v. Clark County, et al.February 24, 2021
Vague Assertion of “Inside Knowledge” Insufficient to Support Kickback, Billing Fraud Allegations; United States District Court for the Middle District of Florida, Orlando Division, No. 6:19-cv-2237-Orl-37LRH; U.S., Florida, and Omni Healthcare Inc. v. Health First Inc., et al.February 24, 2021
PPP Fraud Is Ripe for Enforcement in 2021. Can Self-Disclosure & Cooperation Create a Path to Leniency?February 24, 2021
Contractors May Not Always Have the Required Ethics and Compliance Programs They Think They Have – and There are ConsequencesFebruary 23, 2021
New Limits to the UK SFO’s Ability to Compel Production of Evidence from Overseas May Lead to Increase in DOJ InvestigationsFebruary 23, 2021