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With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs’ lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments. Indeed, the threat of False Claims Act (FCA) liability is looming large.
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By Harry Sandick and Devon Hercher
In recent years, we have seen the DOJ expand its international focus, as it looks to punish foreign nationals, often for conduct that occurred almost entirely outside of the territorial borders of the United States. DOJ’s eagerness, however, has not been matched by judicial enthusiasm concerning the extraterritorial application of U.S. law.
By Marjorie Peerce and Justin Kerner
Storage and Hauling Companies Take Note
Imagine that it’s Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?
By James D. Gatta, Andrew Kim and Emily M. Notini
Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver’s counts of conviction, it was clarifying and not altering the “as opportunities arise” theory, it nevertheless emphasized that this theory requires particularity with respect to the “question or matter” that is the subject of the bribe payor and recipient’s corrupt agreement.
By Jacqueline C. Wolff, Scott T. Lashway, and Matthew M.K. Stein
In times of crisis, criminal activity — particularly crimes involving theft and fraud — tend to spike. There is no reason to believe that the Covid-19 pandemic and the unrest in the financial markets will be any different. An important difference for company counsel, however, will be in how the malfeasance, negligence or wrongdoing can be investigated.