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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.
By Emil Sayegh
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks now target the critical infrastructure of the most powerful country on the planet.
By Jorge deNeve, Michael Simeone and David Cohen
Answering that question will force defendants facing SEC enforcement actions to focus on demonstrating the legitimacy of expenses in developing their litigation strategies.
By Lanier Saperstein and Samuel Hickey
One provision of the AMLA was added with little fanfare and minimal discussion, yet it could have a significant impact on foreign financial institutions doing business in the United States.
By Joel Cohen
Secretly recording conversations or interviews is a dirty business, and it is almost never conducted by the government with the best interests of the witness in mind.