Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators' FCA cases, other relators may find themselves on the other side of a government motion to dismiss.
April 01, 2019Jacqueline C. Wolff
The news is replete with alleged actions of foreign governments and hackers trying to impact the democratic election process in the United States. It is incumbent upon the state and local governments to ensure the security of all elections.
November 01, 2018Roy E. Hadley, Jr.During the time it takes you to read this article, somewhere in the United States, a governmental entity will probably be the victim of a cyber-attack. This article highlights the areas that are most impactful, based on experience in dealing with both large and small cyber-attacks against governments and governmental entities.
October 01, 2018Roy E. Hadley, Jr.Lessons Learned from Recent Settlements and Decisions
Health care fraud and False Claims Act cases continue to generate a significant source of funds for the Federal Government.Although, when announcing its focus, the government listed treatment options are not always clear. What these settlements often have in common is that the underlying complaints allege that the services that were rendered and reimbursed lacked medical necessity.
October 01, 2018Jacqueline C. WolffHow Lenders and Debtors can Minimize UST Fees and Maximize Creditor Recoveries
As predicted in the first part of this article (May, 2018), the new United States Trustee (UST) fee has had a disproportionate effect on middle-market, high-velocity cash flow companies. The best solution is for Congress to revisit the fee structure and refine it to reflect the realities of particular cases and the actual burden on the UST.
October 01, 2018Jacob H. MarshallIn May 2018, the Department of Justice (DOJ) announced a new policy to address a growing problem in white-collar criminal and civil enforcement. With increased…
September 01, 2018Jonathan B. New and Victoria L. StorkPart One of a Two-Part Article
What was once perceived as a straightforward limitation on the government's significant enforcement powers has become obscured by statutes and court interpretations that tend to elongate the period for the government to act in ways that often are not transparent to even experienced criminal practitioners.
September 01, 2018Robert J. Anello and Justin RollerOne of the many provisions of last year's tax overhaul was the creation of a little-noticed program called Opportunity Zones, which was designed to give investors tax breaks for investments in designated areas. Now, attention is starting to pick up as the program takes shape.
September 01, 2018Erika MorphyNantKwest v Iancu
The Federal Circuit sitting en banc reversed its own prior ruling and held that “all expenses of the proceeding” does not include attorneys' fees.
September 01, 2018Jonathan MoskinPart Two of a Two-Part Article
In Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.
June 01, 2018Harry Sandick, Daniel Ruzumna and Jacqueline Bonneau
