Florida Federal Court Strikes Major Blow to FCA Whistleblowers: Key Takeaways for FCA Defendants
In a prior blog , PilieroMazza discussed the Supreme Court’s decision in United States ex rel. Polansky v. Executive Health Resources, Inc. In that case, in his dissenting opinion, Justice Clarence Thomas referred to the qui tam provisions of the False Claims Act (FCA) as operating in “something of a constitutional twilight zone” and called into question whether relators have standing to pursue qui tam actions where the government declines to intervene in the litigation. Specifically, Justice Thomas opined that “Congress . . . Read More
Call It What It Is: D.C. Cracks Down on Employee Misclassification in Construction
Employee misclassification is an area of employment law that has steadily become a prominent subject of litigation in recent years. The decision of whether a specific worker is properly identified as an employee or independent contractor is not always easy to make and depends on the specific policies and practices applicable to each worker. Making the correct decision is critical. Consistent with numerous other jurisdictions across the country, a new lawsuit filed by the District of Columbia Attorney General demonstrates . . . Read More
Settlements and Judgments from FCA and Fraud Matters Top $2.68 Billion in 2023
On February 22, 2024, the Department of Justice (DOJ) released its annual statistical report (Annual Report) regarding settlements and judgments obtained in the False Claims Act (FCA) and fraud matters for Fiscal Year (FY) 2023. Over the course of the fiscal year, which ended on September 30, 2023, the government recouped $2,689,447,914, a 20% increase compared to FY 2022 but well below the average annual recoveries over the last 15 years (approximately $3.6 Billion). Below are key takeaways from the Annual Report and . . . Read More
Turning $1.6 Million Into $53 Million: Key Takeaways from Eyebrow-Raising FCA Ruling
On January 20, 2023, the U.S. District Court for the District of Columbia entered a judgment in the amount of $1,679,450.16 in favor of the U.S. (the government ) in a False Claims Act (FCA) litigation against Gen Digital, Inc. (formerly known as Symantec Corporation and NortonLifeLock Inc.). Although any adverse judgment in an FCA matter might be seen as a disappointment, the government requested a total judgment in the case of over $1 Billion. Accordingly, the defendants could treat . . . Read More
The FCA at the Supreme Court, Part 4 of 4: Government Intervention and Dismissal of FCA Cases
The False Claims Act (FCA) saw quite a bit of action at the Supreme Court in its most recent completed term. In this fourth and final installment of PilieroMazza ’s blog series “The FCA at the Supreme Court,” we examine active cases, comment on recently issued decisions, and offer key takeaways to help government contractors protect their business assets against an FCA claim or in FCA litigation. Please visit these links for Part 1 , Part 2 , and Part 3 . In the first installment of . . . Read More
8 Key Takeaways from DOJ’s Annual Report on Fraud and the False Claims Act
“It was the best of times, it was the worst of times . . . .” Charles Dickens’ famous line from A Tale of Two Cities may have been echoing in the ears of Department of Justice (DOJ) attorneys a bit over the last month. On February 7, 2023, DOJ issued its annual report on fraud and False Claims Act (FCA) recoveries for fiscal year 2022. After the agency recovered over $5.6 Billion in fiscal year 2021, the annual report disclosed what . . . Read More
Disloyal Employees: Disgorgement Offers Employers Some Reprieve
In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their own self-interest—throughout the course of their employment. This is particularly the case for employees serving in management- or supervisory-level roles or where the employee has access to the employer’s confidential information, trade secrets, or “secret sauce.” But what can an employer . . . Read More
Non-Compete Agreements: What Employers and Healthcare Providers Should Know
Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small private practices and businesses, utilize non-compete clauses in their employment agreements to protect their businesses and medical practices by restricting their employees’ ability to work for a competing entity. This blog offers important considerations for employers and healthcare providers implementing non-compete agreements and clauses to protect their interests, ensure enforceability, . . . Read More
Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors
In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More
What Does Bill Cosby’s Overturned Conviction Mean for Your Fifth Amendment Rights Against Self-Incrimination?
The Supreme Court of Pennsylvania recently overturned Bill Cosby’s 2018 conviction for crimes of sexual assault. Most have focused on the justness of this outcome. But the court’s 79-page opinion also has implications for how witnesses in civil cases navigate the potential risk of self-incrimination—including witnesses testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). As we discussed in our blog on invoking the Fifth Amendment in a civil deposition, the privilege can . . . Read More