Published: October 13, 2017

​On September 26, the United States Attorney for the Southern District of New York announced criminal charges against ten individuals relating to a complicated system of bribe payments to the families of basketball recruits who went on to play for NCAA teams. The charges may forecast a new area of enforcement against universities by the government or by whistleblowers. The government alleged that an athletic shoe company provided funds to recruits’ families through a web of “financial advisors” and university basketball coaches.

. . . . . .

Published: October 9, 2017

The Eighth Circuit in Simpson v. Bayer Healthcare became the latest circuit court to weigh in on the meaning of the “original source” exception to the False Claims Act’s public disclosure jurisdictional bar.  The public disclosure bar prohibits private citizens from pursuing qui tam actions based on information that had been publicly disclosed prior to the relator’s lawsuit, “unless . . .

. . . . . .

Published: September 28, 2017

Federal courts across the country are wrestling with the uncertainty caused by the Supreme Court’s holding in Universal Health Services, Inc. v. United States ex rel.

. . . . . .

Published: September 20, 2017

The United States Court of Appeals for the Ninth Circuit unanimously reversed dismissal of a False Claims Act Complaint in United States ex rel. Campie v. Gilead Sciences.

. . . . . .

Published: September 13, 2017

​A trial court in the Eastern District of Pennsylvania recently ruled that the whistleblower protections of the Dodd-Frank Act and Sarbanes-Oxley Act (“SOX”) do not necessarily apply to employees of private entities, even if those entities perform work for publicly-traded companies.  The court reached this conclusion in dismissing the Plaintiff’s complaint in Reyher v. Grant Thornton LLP, No. 16-CV-1757.

. . . . . .

Published: August 23, 2017

In a recent False Act Claims (FCA) suit involving the blockbuster cancer drug Avastin, the Third Circuit barred a relator’s qui tam suit because his Complaint lacked sufficient factual allegations that, if true, would establish the FCA’s “materiality” element as defined in Universal Health Services v. Escobar.

. . . . . .

Published: June 27, 2017

It’s been just over a year since the Supreme Court’s seminal False Claims Act (“FCA”) decision Universal Health Servs., Inc. v. United States ex rel. Escobar. In the wake of Escobar, the lower courts are confronted with applying Escobar’s materiality standard to the particular facts of their cases.

. . . . . .

Published: May 11, 2017

The for-profit education company Kaplan, Inc. recently scored a win when the Court of Appeals for the Ninth Circuit affirmed Kaplan’s summary judgment victory in a decade-long False Claims Act suit. This case shows that while in certain jurisdictions FCA cases may be surviving motions to dismiss with more frequency, they continue to be ripe for dismissal at summary judgment.

. . . . . .