False Claims ActOverviewPeopleExperienceNewsPublicationsEventsPublications September 19, 2024 – Articles Recent Trio of Eighth Amendment Challenges to FCA Judgments Includes Two Successes; Lack of Uniformity Across Courts Remains Pablo J. Davis August 7, 2024 – Legal Alerts DOJ’s Corporate Whistleblower Awards Pilot Program Emphasizes the Importance of Internal Compliance and Reporting Policies Lauren Fletcher and J. Riley Able June 27, 2024 – Articles First Circuit Poised to Consider Anti-Kickback Statute’s Causation Element in FCA Cases, Take a Position on Circuit Split Pablo J. Davis March 15, 2024 – Legal Alerts PPP Loan Investigations and Prosecutions are on the Rise Bradley Steffen August 31, 2023 – Articles 5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse Patrick M. Hagan & Pablo J. Davis August 14, 2023 – Articles Proposed FCA Changes Would Muddy Materiality Defense and Create Retaliation Remedy for Former Employees Pablo J. Davis July 7, 2023 – Legal Alerts Supreme Court Sends Two FCA Cases Back to Circuits After Major Scienter Decision in Schutte Pablo J. Davis June 30, 2023 – Legal Alerts Supreme Court Backs DOJ’s FCA Dismissal Power; Dissent Questions Relator’s Role in Declined Cases Patrick M. Hagan, Pablo J. Davis, and Jennifer O. Mitchell June 2, 2023 – Legal Alerts The Supreme Court Clarifies the Meaning of “Knowingly” Under the False Claims Act Patrick Hagan, Jennifer Mitchell and Joseph Wheeler December 30, 2022 – Articles FCA in the Courts: Late-2022 Developments Pablo J. Davis October 5, 2022 – Articles On Even Split, En Banc Fourth Circuit Affirms FCA Dismissal Based on ‘Objectively Reasonable Interpretation’ Defense Patrick M. Hagan and Pablo J. Davis September 8, 2022 – Articles DOJ to Join Oral Argument in En Banc Rehearing of Fourth Circuit Case on ‘Objectively Reasonable’ Defense Patrick M. Hagan and Pablo J. Davis June 29, 2022 – Articles Cases Highlight Ongoing Uncertainty, Complexities of Rule 9(b) in FCA Context Patrick M. Hagan & Pablo J. Davis March 17, 2022 – Articles Fourth Circuit Joins Other Circuits Recognizing Safeco ‘Objectively Reasonable Interpretation’ Standard as FCA Defense Pablo J. Davis October 22, 2021 – Articles DOJ Signals Intent to Hold Government Contractors Accountable for Lax Cybersecurity Standards Robert M. Duncan, Lindsay K. Gerdes and Michael B. Stuart June 18, 2021 – Articles FCA Allegation That Surgeons Let Residents and PAs Obtain Patient Consent for Procedures Fails Materiality Test Pablo J. Davis May 6, 2021 – Articles District Court Finds DOJ ‘Falls Short’ of Showing Good Cause for Late FCA Intervention Pablo J. Davis March 26, 2021 – Articles Government Enforcement for Misuse of Paycheck Protection Program and Other COVID-19 Relief Funds: What You Should Know Robert. M. Duncan and Mary L. Bryson March 4, 2021 – Articles Supreme Court Declines to Address FCA Falsity Standard, Denying Cert in Cases from Third and Ninth Circuits Pablo J. Davis January 29, 2021 – Insight Eleventh Circuit Panel Revives FCA Mortgage Fraud Case, Reversing Materiality-Based Summary Judgment Dismissal Pablo J. Davis January 21, 2021 – Insight DOJ Stats Show Dip in Fraud Recoveries in ’20, but Signs Point to Impending Rise in False Claims Act Litigation Pablo J. Davis November 24, 2020 Defense Department Interim Rule Requiring Contractors to Self-Assess Cybersecurity Compliance Creates Potential FCA Risk Pablo J. Davis November 3, 2020 – Analysis In Morehouse, Eleventh Circuit Underscores Threshold Test for FCA Retaliation Claims Dinsmore on FCAPablo J. Davis September 30, 2020 – Analysis District Court in Eleventh Circuit Holds Relator Cannot Overcome First-to-File Bar by Amending Complaint Dinsmore on FCAPablo J. Davis August 21, 2020 – Insight Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act Dinsmore on FCAPablo J. Davis June 30, 2020 – Insight Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability Dinsmore on FCAPablo J. Davis May 28, 2020 – Analysis Court Tosses Patent Attorney’s Qui Tam Based on Patent Appeal Board Decision, Calls it Quintessential ‘Parasitic Lawsuit’ Dinsmore on FCAPablo J. Davis May 14, 2020 – Analysis 1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’ Dinsmore on FCAPatrick M. Hagan | Pablo J. Davis April 17, 2020 – Analysis Supreme Court Denies Cert in Schneider, Leaving Circuit Split on Extent of DOJ Power to Dismiss FCA Cases Dinsmore on FCABy: Pablo J. Davis March 31, 2020 Two Circuits Hold the FCA Does Not Require “Objective Falsity,” Creating Confusion on the Appropriate Standard Dinsmore on FCAPatrick M. Hagan Page 1 of 2 Next
September 19, 2024 – Articles Recent Trio of Eighth Amendment Challenges to FCA Judgments Includes Two Successes; Lack of Uniformity Across Courts Remains Pablo J. Davis
August 7, 2024 – Legal Alerts DOJ’s Corporate Whistleblower Awards Pilot Program Emphasizes the Importance of Internal Compliance and Reporting Policies Lauren Fletcher and J. Riley Able
June 27, 2024 – Articles First Circuit Poised to Consider Anti-Kickback Statute’s Causation Element in FCA Cases, Take a Position on Circuit Split Pablo J. Davis
March 15, 2024 – Legal Alerts PPP Loan Investigations and Prosecutions are on the Rise Bradley Steffen
August 31, 2023 – Articles 5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse Patrick M. Hagan & Pablo J. Davis
August 14, 2023 – Articles Proposed FCA Changes Would Muddy Materiality Defense and Create Retaliation Remedy for Former Employees Pablo J. Davis
July 7, 2023 – Legal Alerts Supreme Court Sends Two FCA Cases Back to Circuits After Major Scienter Decision in Schutte Pablo J. Davis
June 30, 2023 – Legal Alerts Supreme Court Backs DOJ’s FCA Dismissal Power; Dissent Questions Relator’s Role in Declined Cases Patrick M. Hagan, Pablo J. Davis, and Jennifer O. Mitchell
June 2, 2023 – Legal Alerts The Supreme Court Clarifies the Meaning of “Knowingly” Under the False Claims Act Patrick Hagan, Jennifer Mitchell and Joseph Wheeler
October 5, 2022 – Articles On Even Split, En Banc Fourth Circuit Affirms FCA Dismissal Based on ‘Objectively Reasonable Interpretation’ Defense Patrick M. Hagan and Pablo J. Davis
September 8, 2022 – Articles DOJ to Join Oral Argument in En Banc Rehearing of Fourth Circuit Case on ‘Objectively Reasonable’ Defense Patrick M. Hagan and Pablo J. Davis
June 29, 2022 – Articles Cases Highlight Ongoing Uncertainty, Complexities of Rule 9(b) in FCA Context Patrick M. Hagan & Pablo J. Davis
March 17, 2022 – Articles Fourth Circuit Joins Other Circuits Recognizing Safeco ‘Objectively Reasonable Interpretation’ Standard as FCA Defense Pablo J. Davis
October 22, 2021 – Articles DOJ Signals Intent to Hold Government Contractors Accountable for Lax Cybersecurity Standards Robert M. Duncan, Lindsay K. Gerdes and Michael B. Stuart
June 18, 2021 – Articles FCA Allegation That Surgeons Let Residents and PAs Obtain Patient Consent for Procedures Fails Materiality Test Pablo J. Davis
May 6, 2021 – Articles District Court Finds DOJ ‘Falls Short’ of Showing Good Cause for Late FCA Intervention Pablo J. Davis
March 26, 2021 – Articles Government Enforcement for Misuse of Paycheck Protection Program and Other COVID-19 Relief Funds: What You Should Know Robert. M. Duncan and Mary L. Bryson
March 4, 2021 – Articles Supreme Court Declines to Address FCA Falsity Standard, Denying Cert in Cases from Third and Ninth Circuits Pablo J. Davis
January 29, 2021 – Insight Eleventh Circuit Panel Revives FCA Mortgage Fraud Case, Reversing Materiality-Based Summary Judgment Dismissal Pablo J. Davis
January 21, 2021 – Insight DOJ Stats Show Dip in Fraud Recoveries in ’20, but Signs Point to Impending Rise in False Claims Act Litigation Pablo J. Davis
November 24, 2020 Defense Department Interim Rule Requiring Contractors to Self-Assess Cybersecurity Compliance Creates Potential FCA Risk Pablo J. Davis
November 3, 2020 – Analysis In Morehouse, Eleventh Circuit Underscores Threshold Test for FCA Retaliation Claims Dinsmore on FCAPablo J. Davis
September 30, 2020 – Analysis District Court in Eleventh Circuit Holds Relator Cannot Overcome First-to-File Bar by Amending Complaint Dinsmore on FCAPablo J. Davis
August 21, 2020 – Insight Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act Dinsmore on FCAPablo J. Davis
June 30, 2020 – Insight Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability Dinsmore on FCAPablo J. Davis
May 28, 2020 – Analysis Court Tosses Patent Attorney’s Qui Tam Based on Patent Appeal Board Decision, Calls it Quintessential ‘Parasitic Lawsuit’ Dinsmore on FCAPablo J. Davis
May 14, 2020 – Analysis 1st Circuit Revives 13-Year-Old Qui Tam Suit Against Nursing-Home Pharmacy Chain, Finds Relator Was ‘Original Source’ Dinsmore on FCAPatrick M. Hagan | Pablo J. Davis
April 17, 2020 – Analysis Supreme Court Denies Cert in Schneider, Leaving Circuit Split on Extent of DOJ Power to Dismiss FCA Cases Dinsmore on FCABy: Pablo J. Davis
March 31, 2020 Two Circuits Hold the FCA Does Not Require “Objective Falsity,” Creating Confusion on the Appropriate Standard Dinsmore on FCAPatrick M. Hagan