Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
FCA and Statute of Limitations: A Puzzle for the Supreme Court
The False Claims Act (FCA), 31 U.S.C. §3729 et seq., which is more than 150 years old, was originally intended to protect the federal government from fraud perpetrated by war profiteers. Over the years, its scope has expanded to any recipient of federal dollars, especially health care companies. Since 1986, the federal government's recoveries have exceeded $59 billion in FCA settlements and judgments. DOJ, Fraud Statistics – Overview, at 1 (http://bit.ly/2GlIAvp). In 2018 alone, the total recovery was over $2.8 billion, most of which was health-care related. DOJ, Fraud Statistics – Overview, at 1, 3.
As the FCA's use increased over time, Congress strengthened and amended its provisions to add treble damages, increase the civil money penalties, and remove an intent requirement, thereby extending liability to subcontractors. See, Allison Engine Co. v. United States ex rel. Sanders, 553 U.S. 662 (2008) (establishing the intent requirement that Congress later removed). The Supreme Court also broadened the FCA's scope, condoning "implied false certification," Universal Health Servs. v. United States ex rel. Escobar, 136 S. Ct. 1989, 1995-96 (2016), as well as resurrecting the need for "materiality" of any fraud for a FCA claim to succeed. Id. at 2002-04.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.