On January 7, 2019, the US Supreme Court denied certiorari in United States ex rel. Harman v. Trinity Industries, Inc., 872 F.3d 645 (5th Cir. 2017), a closely watched case regarding the False Claims Act’s materiality standard.
At an FCPA conference on November 29, Deputy Attorney General Rod Rosenstein announced revisions to DOJ’s policy regarding pursuit of individuals involved in corporate wrongdoing. The current policy, memorialized in the 2015 “Yates Memo,” instructed that, “[t]o be eligible for any cooperation credit
A federal district court in the Southern District of New York dismissed claims filed against a CEO in his individual capacity under the False Claims Act’s anti-retaliation provision, and also rejected an alter-ego theory of liability.
Earlier this week, in Potts v. Center for Excellence in Higher Education, the Tenth Circuit held “that the False Claims Act’s anti-retaliation provision unambiguously excludes relief for retaliatory acts occurring after the employee has left employment.” 2018 WL 5796963, — F.3d — (10th Cir. Nov. 6,
Arent Fox is pleased to announce the launch of the Investigations Blog, a dedicated resource for legal updates and analysis on key enforcement news for companies and executives in highly regulated industries.
In a recent decision, the Sixth Circuit adopted an objective intent standard: an employee alleging constructive discharge in violation of the False Claims Act need not prove that the employer took actions designed to force the employee to quit.
Attorney General Jeff Sessions announced the launch of the Prescription Interdiction & Litigation Task Force, which will use criminal and civil law enforcement tools to combat the nation’s opioid epidemic, specifically targeting drug manufacturers and distributors.
A federal district court in Florida earlier this month reversed a jury verdict and vacated a $350 million False Claims Act award, joining the growing number of courts to strictly apply the materiality standard set by the US Supreme Court.
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