Publications
September 19, 2024 – Articles
Recent Trio of Eighth Amendment Challenges to FCA Judgments Includes Two Successes; Lack of Uniformity Across Courts Remains
June 27, 2024 – Articles
First Circuit Poised to Consider Anti-Kickback Statute’s Causation Element in FCA Cases, Take a Position on Circuit Split
August 31, 2023 – Articles
5th Circuit Trims FCA Award as DOJ’s Delayed Intervention Runs into Statute of Limitations; Knocks Seal Provision Misuse
August 14, 2023 – Articles
Proposed FCA Changes Would Muddy Materiality Defense and Create Retaliation Remedy for Former Employees
July 7, 2023 – Legal Alerts
Supreme Court Sends Two FCA Cases Back to Circuits After Major Scienter Decision in Schutte
June 30, 2023 – Legal Alerts
Supreme Court Backs DOJ’s FCA Dismissal Power; Dissent Questions Relator’s Role in Declined Cases
February 23, 2023 – Legal Alerts
The DOJ’s Revised FCPA and Corporate Enforcement Policy Enhances Potential Benefits for Self-Disclosure, Cooperation, Remediation
December 30, 2022 – Articles
FCA in the Courts: Late-2022 Developments
October 5, 2022 – Articles
On Even Split, En Banc Fourth Circuit Affirms FCA Dismissal Based on ‘Objectively Reasonable Interpretation’ Defense
September 8, 2022 – Articles
DOJ to Join Oral Argument in En Banc Rehearing of Fourth Circuit Case on ‘Objectively Reasonable’ Defense
June 29, 2022 – Articles
Cases Highlight Ongoing Uncertainty, Complexities of Rule 9(b) in FCA Context
March 17, 2022 – Articles
Fourth Circuit Joins Other Circuits Recognizing Safeco ‘Objectively Reasonable Interpretation’ Standard as FCA Defense
June 18, 2021 – Articles
FCA Allegation That Surgeons Let Residents and PAs Obtain Patient Consent for Procedures Fails Materiality Test
May 6, 2021 – Articles
District Court Finds DOJ ‘Falls Short’ of Showing Good Cause for Late FCA Intervention
January 29, 2021 – Insight
Eleventh Circuit Panel Revives FCA Mortgage Fraud Case, Reversing Materiality-Based Summary Judgment Dismissal
January 21, 2021 – Insight
DOJ Stats Show Dip in Fraud Recoveries in ’20, but Signs Point to Impending Rise in False Claims Act Litigation
November 24, 2020
Defense Department Interim Rule Requiring Contractors to Self-Assess Cybersecurity Compliance Creates Potential FCA Risk
November 3, 2020 – Analysis
In Morehouse, Eleventh Circuit Underscores Threshold Test for FCA Retaliation Claims
Dinsmore on FCA
September 30, 2020 – Analysis
District Court in Eleventh Circuit Holds Relator Cannot Overcome First-to-File Bar by Amending Complaint
Dinsmore on FCA
August 21, 2020 – Insight
Continued Uncertainty Clouds DOJ’s Dismissal Power Under False Claims Act
Dinsmore on FCA
June 30, 2020 – Insight
Fourth Circuit Holds Qualified Immunity Cannot Shield Government Employees from False Claims Act Liability
Dinsmore on FCA
May 28, 2020 – Analysis
Court Tosses Patent Attorney’s Qui Tam Based on Patent Appeal Board Decision, Calls it Quintessential ‘Parasitic Lawsuit’
Dinsmore on FCA
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 FCA
April 17, 2020 – Analysis
Supreme Court Denies Cert in Schneider, Leaving Circuit Split on Extent of DOJ Power to Dismiss FCA Cases
Dinsmore on FCA
February 11, 2020 – Analysis
2nd Circuit Holds Fed Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo
Dinsmore on FCA
HealthBEAT
December 5, 2019 – Insight
9th Circuit Skeptical of Government Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case
Dinsmore on FCA
October 17, 2019 – Insight
Feinwachs Holds FCA Relator’s Emails to Counsel, Even Though on Employer’s Server, Protected as Work Product
Dinsmore on FCA
October 17, 2019 – Insight
IBM Wins Dismissal of FCA Qui Tam Suit Alleging It Used Faked Audit to Pressure IRS to Renew Software License
Dinsmore on FCA
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