Recent years have seen eye-popping judgments and settlements involving cases brought under the federal False Claims Act (FCA) and federal Anti-Kickback Statute (AKS). And healthcare companies have, unsurprisingly, focused their…
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Are the Corporate Transparency Act’s Criminal Provisions a Positive Development?
When the Corporate Transparency Act took effect earlier this month, most commentary rightly focused on the obligations it imposed and the measures necessary to comply with its terms. As part…
Federal Government Continues Its Big Push for Cybersecurity with SEC Action Against SolarWinds and Its CISO
On October 30, 2023, the Securities and Exchange Commission (SEC) announced a civil suit against SolarWinds and their chief information security officer (CISO) for fraudulent cybersecurity information. The SEC claims…
A Thank You to Our Readers—and the Top Five Posts of 2023
As we near the Thanksgiving holiday, we wanted to take a moment to thank you — our readers. Eye on Enforcement has been a fun project for the Bradley’s Government…
Overruled: Court Denies Relator’s Objection to False Claims Act Settlement
Significant work goes into settling a False Claims Act action. Defendants may spend months negotiating with the government to reach an agreeable settlement — often even longer if the defendant…
The Haunting in the Cornfield: Relators’ Qui Tam Claim Confirmed Dead by the Eighth Circuit
The Eighth Circuit Court of Appeals recently affirmed judgment against relators in a case alleging that a group of dairy farmers growing corn violated the False Claims Act by filing…
District of Massachusetts Split on Causation Standard in Kickback FCA Cases
The District of Massachusetts has joined the growing chorus of courts that have applied a heightened causation standard in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS).…
Bradley’s Cybersecurity and Privacy team keeps a close eye on litigation involving cybersecurity deficiencies, and recent settlements flagged by the team as noteworthy demonstrate ways the False Claims Act can…
Circuit Split on FCA Causation Deepens with Upcoming First Circuit Ruling
The First Circuit will decide the causation standard required in False Claims Act (FCA) cases predicated on the Anti-Kickback Statute (AKS), deepening a circuit split on the issue and potentially…
Third Circuit Finds Documentation Issues May Be “Material” under the FCA
On August 25, 2023, the Third Circuit continued its trend of rulings unfavorable to FCA healthcare defendants in the latest appeal of U.S. ex rel. Druding et al. v. Care…
About the Government Enforcement & Investigations Team
Bradley’s Government Enforcement and Investigations Practice Group represents companies and individuals in a range of government and internal investigations, regulatory inquiries, white-collar criminal defense matters, compliance issues, civil litigation, and enforcement actions.