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Grok Investigation for Creating Nonconsensual Pornographic...
featured news
May 29, 2018
Canada News
WORLD TAKE NOTICE: QUEBEC PROTECTS ITS RESIDENTS AGAINST MULTINATIONAL FRAUDSTERS
May 29, 2018. Morganti & Co teamed up Faguy & Cie (Montreal) to advance a shareholders’ claims against Volkswagen Aktiengesellschaft (“VWAG”). The claim alleges, see the VWAG’s guilty plea filed in the U.S. Federal District Court for the Eastern District of Michigan, that VWAG engaged in a global fraud concerning […]
May 16, 2018
News
Berger Montague’s Antitrust Practice Group, Notable Practitioners Ranked in the Chambers USA 2018 Guide
Berger Montague is proud to announce that the firm’s antitrust practice group has been recognized in the Chambers USA 2018 Guide in the Antitrust – Pennsylvania category.
May 1, 2018
Canada News
MORGANTI & CO. ADDS PRINCIPAL SECURITIES LITIGATOR
MAY 1, 2018. Albert Pelletier has joined Morganti & Co., P.C. as a principal. Albert has over two decades of professional experience between the Canadian securities industry and practice of law. He has worked as an Investment Advisor at Nesbitt Burns while in business school and graduated with distinction from […]
April 18, 2018
General
Sleep Labs and False Claims Act Violations
The American Academy of Sleep Medicine (“AASM”) recognizes a number of different sleep disorders which, taken together, affect millions of Americans. Some of the most common disorders are insomnia, narcolepsy/excessive daytime sleepiness, restless leg syndrome, REM behavior disorders, and obstructive sleep apnea (“OSA”). In particular, OSA is when a patient’s […]
April 18, 2018
General
Does the Government Have to Agree to the Settlement of a Non-Intervened False Claims Act Case?
The False Claims Act provides that an action “may be dismissed only if the court and the Attorney General [of the United States] give written consent to the dismissal.” 31 U.S.C. 3730(b)(1). In a recent case, the court considered the impact of this provision in connection with its decision that a […]
April 18, 2018
General
How Should False Claims Act Damages be Calculated?
Submitting a False Claim & Calculating Government Damages A party who has been found to have submitted a false claim, or who has caused the submission of a false claim to the United States under the False Claims Act is liable for civil penalties of no more than $11,000 and no less […]
April 18, 2018
General
False Claims Act
What is the False Claims Act? The Federal False Claims Act (“FCA”) is the primary weapon in combating fraud against the United States federal government. The FCA covers fraudulent claims made against any federal agency, program, contract, or grant. Many states have similar laws to protect themselves against the fraud. […]
April 18, 2018
General
Texas False Claims Act
In 1995, the State of Texas passed its own version of the federal False Claims Act (“FCA”), the Texas Medicaid Fraud Prevention Act (“TMFPA”). The TMFPA is specifically geared toward combatting fraud against the Texas Medicaid Program. The Texas Medicaid Program provides healthcare and prescription drug coverage to low-income individuals. […]
April 18, 2018
General
SEC Whistleblower Law and the Securities Whistleblower Act
The SEC Whistleblower Statute and Statute of Limitations In July 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. Section 922 of the Act states that the SEC will be required to pay a reward to individuals who provide original information to the SEC resulting in monetary […]
April 18, 2018
General
Qui Tam Relators Must Be Represented By Counsel
In three 2019 decisions, federal district courts have reiterated the established rule that whistleblowers cannot prosecute a False Claims Act (“FCA”) suit unless they are represented by counsel. Tavares v. Rhode Island Super. Ct., 2019 WL 2269225, at *2 (D.R.I. May 28, 2019); McGhee v. Light, 2019 WL 2122893, at *2 […]
April 18, 2018
General
“Original Source” Under the False Claims Act
One of the critical elements for a whistleblower in successfully bringing a qui tam lawsuit under the False Claims Act is being able to prove that the whistleblower is an “original source.” In general, courts have no jurisdiction over qui tam actions based upon the public disclosure of allegations or transactions, such […]
April 18, 2018
General
Off-Label Marketing as Misbranding in Federal False Claims Act Settlements
In recent years, the Department of Justice and qui tam plaintiffs have pursued a rash of claims involving misbranding of prescription drugs based on off-label marketing (where the drug manufacturer promotes a drug for uses not approved by the FDA or makes claims about the safety or efficacy of the drug that […]
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