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Warner Bros. Breach of Fiduciary Duties Investigation
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February 9, 2017
General
Avoiding Application of the False Claims Act’s First-to-File Bar
The False Claims Act’s first-to-file rule provides that “[w]hen a person brings an action under [the False Claims Act], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action.” 31 U.S.C. § 3730(b)(5). This blog provides an overview of […]
January 25, 2017
General
Medicare Advantage Fraud Part I: Presentment of False Claims by Medical Providers to Medicare Advantage Organizations
Medicare fraud is one of the prime drivers of litigation under the False Claims Act (“FCA”). Under traditional Medicare, service providers are directly reimbursed with federal government funds. In 2003, Congress significantly expanded the availability of an alternative to traditional Medicare known as Medicare Advantage. Medicare Advantage differs from traditional […]
December 23, 2016
General
The False Claims Act’s Seal Requirement
On December 6, 2016, in State Farm Fire and Casualty Co. v. United States ex rel. Rigsby, [1] the Supreme Court resolved a circuit split in holding that a violation of the False Claims Act’s (“FCA”) seal requirement does not automatically require dismissal of a relator’s claims. Still, relators and […]
November 16, 2016
General
Excellent Opinion in Support of False Claims Act Case for Customs Fraud
The appeals court for the Pennsylvania-New Jersey-Delaware region recently issued an excellent ruling permitting claims of import fraud to proceed. The ruling addressed several different issues, but this article will focus only on two – finding that sufficient details had been pled based on a credible methodology for alleging that […]
November 15, 2016
General
Businesses That Misrepresent Their “Special Status” Eligibility for Contract or Grant Preferences Can Be Liable Under the False Claims Act
By Susan Schneider Thomas “The Congress has established a number of statutory goals designed to help small businesses compete for Federal contracts. In addition to the goal of awarding at least 23 percent of all Federal prime contracting dollars to small businesses, the Congress also established Government-wide contracting goals for […]
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