In a decision handed down on July 26, 2012 in WEC Carolina Energy Solutions, LLC v. Miller, the United States Court of Appeals for the Fourth Circuit ruled that the Computer Fraud and Abuse Act (“CFAA”), a federal law which primarily consists of criminal penalties directed at computer hackers, does not apply…
In an opinion released on July 12th in United States ex rel. Osheroff v. Tenet Healthcare Corporation, the United States Federal Court for the Southern District of Florida rejected an argument that facts and information disclosed online constitute a “public disclosure” for the purposes of the False Claims Act (“FCA”).…
On June 22nd, the United States Court of Appeals for the Sixth Circuit affirmed the decision of a federal district court to deny motions to direct a verdict or, alternatively, order a new trial. The trial court awarded damages for a retaliation claim filed under the False Claims Act (“FCA”). In…
Increased attention in recent years on fraud and abuse in the arenas of lending and finance has led to a burgeoning wave of litigation and recoveries under the federal False Claims Act (“FCA”). In its recent opinion handed down on June 18th, 2012, United States ex rel. Oberg v. Kentucky Higher Educ.…
Yesterday, the United States Supreme Court voted to uphold the Patient Protection and Affordable Care Act (“PPACA”), the landmark health reform law enacted in 2010. The justices’ ruling in National Federation of Independent Business v Sebelius leaves intact nearly all of the provisions of the law (with the exception of an…
The U.S. Supreme Court has agreed to hear a challenge to the Ninth Circuit’s recent ruling in a securities fraud class action lawsuit against Amgen Inc., the world’s largest biotechnology company. In the shareholder action, investors in Amgen have alleged that the company misrepresented safety concerns surrounding two of its…
First Amendment challenges to the FDA’s off-label promotion ban are hardly novel, however case law in this area remains relatively unsettled. Drug makers initially rejoiced with the ruling in Washington Legal Foundation, however the case was later vacated. Case law now appears to be more settled in the wake of…
The Ninth Circuit became the latest in a handful of other Circuits to endorse the “implied certification theory” of the False Claims Act in a decision handed down on August 9th. Liability under the FCA is most clear when a defendant falsely obtains money from the government by “expressly” certifying…