Feb 16, 2021 | False Claims Act
In a decision last month, the Eleventh Circuit brought clarity to one of the requirements an employee must fulfill in order to bring a retaliation claim under the False Claims Act (“FCA”). Specifically, the court found that simply because an employee sincerely...
Feb 12, 2021 | False Claims Act, Government Investigations, Health Care
The Department of Justice recently announced that Athenahealth, Inc. (Athena), an electronic health record (“EHR”) vendor, has agreed to pay $18.25 million to settle claims that it violated the False Claims Act (“FCA”). Athena allegedly implemented various marketing...
Feb 9, 2021 | SEC Investigations
In a press release on February 4, 2021, the Securities and Exchange Commission (“SEC”) announced that it was bringing charges against three individuals and their affiliated entities in connection with a Ponzi scheme involving $1.7 billion in funds. The SEC alleges...
Feb 9, 2021 | False Claims Act
On November 6, 2020, U.S. District Judge Lucy H. Koh granted defendants’ motions to dismiss a False Claims Act (“FCA”) lawsuit based, in part, on the public disclosure bar, holding that the information available and acquired through a Freedom of Information Act...
Feb 4, 2021 | False Claims Act
On January 7, 2021, President Biden announced that Merrick Garland would be his nominee to serve as Attorney General. As the Senate inches closer to confirmation hearings, many are scrutinizing Garland’s past record as a prosecutor and judge to determine what...
Feb 4, 2021 | SEC Investigations
Over the past few weeks, the internet has been awash with news of a wild rise in the stock prices of publicly traded companies, most notably GameStop and AMC Theaters. Given the impact of the COVID-19 pandemic on the market for securities, one might suspect that this...
Feb 4, 2021 | White Collar Crime
In separate press releases on January 28, 2021, the U.S. Department of Justice (“DOJ”) announced charges against seven individuals involved in two schemes to fraudulently obtain COVID-19 relief funds provided by the CARES Act. Under the CARES Act, emergency financial...
Feb 1, 2021 | Business Litigation
In the face of government mandated closures or significantly reduced business due to COVID-19, business have and continue to be under significant financial pressure. Many have turned to their insurers for relief, invoking business interruption insurance policies....
Jan 27, 2021 | False Claims Act
False Claims Act (“FCA”) matters have a notoriously long lifespan. United States v. Mortgage Investors Corporation, 2021 WL 137739 (11th Cir. 2021), has had an exceptionally long life. Originally filed on March 3, 2006, after nearly fifteen years, this case has been...