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Insurance Coverage for FCA Lawsuits
For companies that have business dealings with the government, the False Claims Act (“FCA”), 31 U.S.C. ” 3729-3733, needs no introduction. The FCA, which at a high level prohibits making false claims to obtain payment from the federal government, has led to billions of dollars in recovery by the United States Department of Justice (DOJ). Indeed, in each of the last four years, the DOJ has recovered more than $3 billion, including $3.8 billion in 2013 alone. See Justice Department Recovers $3.8 Billion from False Claims Act Cases in Fiscal Year 2013, Dept. of Justice, http://1.usa.gov/1VyZsNn. In October 2014, a federal jury handed down a $175 million verdict against a Texas manufacturing company accused of making false claims in connection with the installation of highway guardrails. See Trinity Industries Whistleblower Awarded $175 Million in Guardrail Suit, The Wall Street Journal, http://on.wsj.com/1LX9g24. With the potential for trebled damages, attorneys' fees, and penalties under the FCA, that figure could increase.
The prevalence of FCA claims against companies is compounded by the fact that private persons ' called “relators” ' are able to file FCA suits on behalf of the government as qui tam plaintiffs (as derived from the Latin phrase ” qui tam pro domino rege quam pro se ipso in hac parte sequitur,” meaning “he who sues in this matter for the king as well as for himself”). The FCA entitles relators to receive up to 30% of the amount recovered by the government through qui tam actions. 31 U.S.C. ' 3730(d). Companies face additional liability under the FCA for retaliating against purported whistleblowers. In recent years, the FCA has been further bolstered by amendments that provide additional inducements and protections to qui tam plaintiffs.
Virtually no industry is immune from FCA claims. The FCA implicates all government contracts, including defense contracts, construction contracts, and various government programs such as federally insured loans and mortgages, education grants, and Medicare.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.