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Show: results per page Sort by:  | CIVIL FALSE CLAIMS ACT: Sixth Circuit Rejects DOJ Efforts to Equate Regulatory Non Compliance with False Claims Act Liability
Douglas W. Baruch, John T. Boese, Kayla Stachniak Kaplan, Jennifer M. Wollenberg; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article April 11, 2013, previously published on April 4, 2013 For the second time in two weeks, an appellate court has injected a dose of reality into False Claims Act (“FCA”) jurisprudence. Following closely on the heels of the Seventh Circuit’s blanket rejection of the Justice Department’s preferred “gross trebling”...
| | Seventh Circuit Reins in Justice Department’s Overreaching False Claims Act Damages Theory
Douglas W. Baruch, John T. Boese, Jennifer M. Wollenberg; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 27, 2013, previously published on March 25, 2013 For several years, the Justice Department has been advocating for and employing a harsh and aggressive False Claims Act (“FCA”) damages methodology that distorts the government’s actual damages and leads to unwarranted FCA recoveries. In particular, the Justice Department’s...
| | Fourth Circuit Applies the Wartime Suspension of Limitations Act to the Civil False Claims Act
Douglas W. Baruch, Kayla Stachniak Kaplan, Jennifer M. Wollenberg; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 27, 2013, previously published on March 21, 2013 The False Claims Act’s (“FCA”) six-year statute of limitations took a body blow on March 18, 2013 when a split panel of the Fourth Circuit Court of Appeals ruled that the Wartime Suspension of Limitations Act, 18 U.S.C. § 3287 (“WSLA”) applies to certain FCA...
| | CIVIL FALSE CLAIMS ACT: Eighth Circuit Rejects Justice Department Efforts to Avoid Paying Relators’ Share on Settlement “Unrelated” to Relators’ Qui Tam Claims
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article March 14, 2013, previously published on March 8, 2013 The Justice Department (“DOJ”) received an unpleasant surprise last week. After releasing HewlettPackard Company (“HP”) from a range of False Claims Act liability in return for a $55 million settlement payment, a divided panel of the Eighth Circuit Court of Appeals ruled...
| | Justice Department Brandishes Rarely Used Weapon-FIRREA-in Full-Scale Assault on S&P, and California Joins the Battle with Separate State False Claims Act Complaint
Douglas W. Baruch; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article February 14, 2013, previously published on February 11, 2013 The Justice Department’s February 4, 2013 lawsuit against credit rating agency Standard & Poor’s Ratings Services (“S&P”), a subsidiary of McGraw-Hill Co., puts an exclamation point on the latest era in civil fraud enforcement. Following close on the heels of several...
| | Civil False Claims Act: District Court Says Government Cannot Use Civil Investigative Demands to Cure Its Own Pleading Deficiencies
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article December 15, 2012, previously published on December 10, 2012 United States District Judge Richard Bennett, a former U.S. Attorney, rejected attempts by his former Justice Department colleagues to use a Civil Investigative Demand (“CID”) to attempt to gather the information necessary to overcome a Rule 9(b) dismissal of the government’s...
| | CIVIL FALSE CLAIMS ACT: Sixth Circuit Reverses $82 Million FCA Judgment That Would Have Punished A Company “Solely for Seeking to Maximize Profits” Under Federal Regulations
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article October 17, 2012, previously published on October 11, 2012 In a decision last week, the Sixth Circuit announced a much-needed common sense approach to the application of the civil False Claims Act (“FCA”) in a complex regulatory environment. The decision rejected the government’s suggestion, where regulations are ambiguous or unclear,...
| | FALSE CLAIMS ACT: Fifth Circuit Allows Former Federal Government Employees to Bring a Qui Tam Suit
Douglas W. Baruch, John T. Boese; Fried, Frank, Harris, Shriver & Jacobson LLP;
Legal Alert/Article August 6, 2012, previously published on August 2, 2012 One of most serious policy issues in qui tam enforcement under the False Claims Act (“FCA”) is the possibility that federal employees may use information obtained in the course of their government employment to enrich themselves by filing qui tam cases. Despite vigorous opposition 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...
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