Regeneron Court Permits Government to Pursue False Certification Theory

Arent Fox Schiff – On August 4, the district court in the closely watched Regeneron case granted the government’s request to file a second partial summary judgment motion, and to reopen discovery on a limited basis, allowing the government to pursue an alternate, false certification theory of liability after the First Circuit ruled in February that a “but-for” standard is required for proving a violation of the Anti-Kickback Statute (AKS).