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Douglas W. Baruch Document Search Results (5) Sort by:  | CIVIL FALSE CLAIMS ACT: D.C. Circuit Reinforces SAIC Decision in False Certification Case, Rejecting FCA Damages Claim in Case Based on Lack of Supporting Documentation
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 25, 2012, previously published on May 23, 2012 In late 2010, the United States Court of Appeals for the D.C. Circuit issued a seminal decision rejecting the government’s damages theory in a civil False Claims Act “false certification” case. In United States v. Science Applications International Corp. (“SAIC”),...
| | CIVIL FALSE CLAIMS ACT: Court Applies Contra Proferentem Doctrine against the Government in an FCA Case Based on an Ambiguous Contract Provision
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 13, 2012, previously published on February 8, 2012 In order to resolve the "falsity" element in many False Claims Act ("FCA") cases, courts often must grapple with the meaning of the contractual or regulatory term alleged to have been violated. The issue often is presented for court resolution when the FCA defendant argues that...
| | Extraordinarily Long Statute of Limitations Applies to SEC Whistleblower Retaliation Actions
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article July 11, 2011, previously published on June 30, 2011 In prior FraudMail Alerts, we pointed out that the new SEC whistleblower program borrowed many elements from the False Claims Act (“FCA”). See FraudMail Alerts Nos. 11-06-27; 10-12-08. Unfortunately, one outdated element borrowed from the FCA was an extraordinarily long statute of...
| | The SEC's Whistleblower Program: What the SEC Has Learned From the False Claims Act About Avoiding Whistleblower Abuses - and What FCA Enforcement Stands to Learn from the SEC
Douglas W. Baruch, John T. Boese, Dixie L. Johnson; Fried, Frank, Harris, Shriver & Jacobson LLP;
White Paper June 29, 2011, previously published on June 27, 2011 The sweeping overhaul of the financial system in the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) included provisions in Section 21F of the Securities Exchange Act of 1934 (“Section 21F”) that required the SEC to pay substantial monetary...
| | The SEC Adopts Game-Changing Rules for Whistleblowers and their Employers
Douglas W. Baruch, Dixie L. Johnson, William F. Johnson, Carmen J. Lawrence; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article May 31, 2011, previously published on May 25, 2011 Today, with two Commissioners dissenting, the SEC adopted final rules implementing the new whistleblower program created last July by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”). The rules are a game-changer for corporate compliance programs and for...
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