Jun 15, 2020 | False Claims Act
In a March 4, 2020 brief to the Supreme Court, the Department of Justice (DOJ) appears to take a broad view of its dismissal authority under the False Claims Act (FCA). DOJ’s position has provoked vocal criticism from Senator Grassley, a long-time advocate for...
Jun 12, 2020 | Employment Law
In October 2019, we discussed increased enforcement efforts by the U.S. Equal Employment Opportunity Commission (EEOC) in the healthcare industry. Then in February 2020, we discussed the EEOC’s lawsuit against Yale New Haven Hospital for alleged Americans with...
Jun 8, 2020 | Firm Announcement
It has taken a few days to say anything “official” about current events, not because we don’t care, but because it took until now to find the words to express the sheer heartache and devastation that we are feeling. For George Floyd. For Breonna Taylor. For Ahmaud...
Jun 8, 2020 | False Claims Act, Government Investigations
In a 2-1 decision, a Fourth Circuit Court of Appeals panel has held that, under North Carolina law, insurance coverage for “damages resulting from a claim arising out a medical incident” must be extended to cover a qui tam suit filed under False Claims Act (FCA). In...
May 20, 2020 | COVID-19 Related Law, Employment Law
On March 23, 2020, we wrote about guidance from the U.S. Equal Employment Opportunity Commission (EEOC) related to COVID-19’s effect on Titles I and V of the American with Disabilities Act (“ADA”), and Section 501 of the Rehabilitation Act. The EEOC’s guidance was...
May 18, 2020 | Commercial Litigation, COVID-19 Related Law
With the onset of COVID-19, everything is virtual – social visits, happy hours, work meetings, court hearings, and even appellate arguments. All of this is temporary, but is some of it here to stay? Professional neutrals believe virtual Alternative Dispute...
May 18, 2020 | COVID-19 Related Law
The Covid-19 crisis has caused everyone to rethink what it means to conduct “business as normal.” Georgia’s judicial system is no different. Social distancing does not allow for in-person evidentiary hearings or trials. Because there are no provisions for how to...
May 14, 2020 | COVID-19 Related Law, False Claims Act, Fraud Investigations, Government Investigations, White Collar Crime
On May 13, 2020, the Small Business Administration (SBA) issued updated guidance, in the form of updated Frequently Asked Questions (FAQs), on how it intends to enforce non-compliance with PPP loan certifications. The guidance was issued in light of widespread...
May 14, 2020 | COVID-19 Related Law, Fraud Investigations, Government Investigations, White Collar Crime
On Wednesday, May 13, the United States Attorney’s Office for the Northern District of Georgia announced another federal prosecution for alleged PPP loan fraud. This time the defendant is Maurice Fayne, who is also known as “Arkansas Mo” and stars in the reality show...