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The Supreme Court May Limit the False Claim Act's Scope
Over the last 20 years, the Department of Justice (DOJ) and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA), 31 U.S.C. ” 3729-3733. In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments, including more than $1.9 billion from health care industry defendants.
A key to the recent onslaught has been the development of the “implied certification” theory of false statements ' the government vendor makes no direct false statement and provides the goods and/or services, but nevertheless is subject to penalties and possibly treble damages on the theory that the vendor implicitly agreed to obey all rules and regulations that are conditions of payment, and implicitly lied about doing so in submitting a claim. The Supreme Court is is poised to decide the viability of this approach.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.