The Supreme Court May Limit the False Claim Act's Scope
April 01, 2016
The DOJ and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA). In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments.
In the Courts
April 01, 2016
Analysis of a case in which fraud convictions were vacated for a district judge's evidentiary errors.
Park Doctrine Prosecutions of Corporate Officers Continue: Stay Alert!
April 01, 2016
Individual corporate officers of pharmaceutical, medical device, food and related companies can be prosecuted for violations of the United States Federal Food, Drug, and Cosmetic Act (FDCA) under the Park Doctrine. Such prosecutions "tip off" plaintiffs' attorneys to possible areas of product liability litigation to bring against a company.
Ethics and Criminal Practice
April 01, 2016
You meet with a new client, a finance manager of his church. He is being investigated for embezzlement. As you look at the issue, you become concerned that your client and his supposed cohort, the church treasurer, may have had a meretricious relationship, which might lend credence to the investigation. But your client tells you that is simply not the case. What do you do?
In the Courts
February 29, 2016
An in-depth look at a recent case involving insider trading.
Expert Testimony on Industry Practice
February 29, 2016
Recently, the Second Circuit held that expert testimony regarding how a "specialized securities market" operated was relevant and potentially "highly" probative of the question of whether the defendant's misstatements to investors were material. Because juries are tasked with determining materiality, the notion that experts can opine on overarching industry practice that is not case-specific appears surprising.
They're With Us!
February 29, 2016
Recently, faced with pressure to increase efficiency, companies have increased their dependence on outside entities to complete tasks that were once reserved for in-house employees. How does this affect the attorney-client privilege?
In the Courts
January 31, 2016
In-depth discussion of a Seventh Circuit ruling in which a military government Contractor's FCA summary judgment was upheld for lack of materiality and knowledge.
