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The number of lawsuits brought under the False Claims Act (FCA), 31 U.S.C. § 3729 et seq., continues to increase. In 2015 alone, relators filed over 600 qui tam complaints — and courts awarded over $3.5 billion — under the FCA. In these cases, the United States government is the real party in interest, while individual relators (also known as “whistleblowers”) may bring a complaint on behalf of the government. Accompanying this growth are significant FCA decisions including, most recently, Universal Health Services, Inc., v. United States, ex rel.Escobar, 579 U.S. __ (2016), decided in June 2016. In Escobar, the U.S. Supreme Court: 1) examined the materiality requirement of the FCA; and 2) approved “implied” false certification as the basis for the FCA claim. Other important decisions continue to make their way through the courts.
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By Jonathan S. Feld, Jason Ross and Amelia Marquis
When used for work, mobile devices routinely contain employers’ proprietary and confidential data. The struggle between Government requests for access to such data and constitutional protections — including the Government’s ability to compel the turnover of biometric “keys” to unlock mobile devices — create areas of concern.
By Telemachus P. Kasulis
Two criminal appeals before the Second Circuit require the Court of Appeals to decide whether the violation of a fiduciary relationship is required to create insider trading liability or if a breach of contract is sufficient.
By Matthew D. Feil and Andrew M. Serrao
Will Prosecutors Take Advantage?
The recent decision in United States v. Blaszczak may signal a change in how prosecutors in the Second Circuit, and perhaps in other jurisdictions, pursue insider-trading cases.
Former Barbados Government Official Convicted on U.S. Money Laundering Charges Following Insurance Company of Barbados FCPA Settlement