Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we will provide key takeaways and discuss some of the most significant false claims topics.

In this third newsletter of 2023, we ask: How does the Supreme Court’s recent decision in SuperValu impact the FCA’s scienter standard and what should companies be doing in response? In what ways does the Polansky decision provide a guide to companies seeking to dismiss FCA claims? How might the new guidance from the National Institutes of Health (NIH) for grant awardees that is scheduled to take effect in October lead to new FCA claims? Why might a new proposal by the U.S. Department of Health and Human Services (HHS) disqualify Medicare providers? Which recent FCA cases have produced record recoveries and settlements? What do companies and individuals in New York, as well as out of state, need to know about the expansion of New York’s FCA statute? The answers to these questions and more are here in our July 2023 FCA Update.

Federal

Supreme Court Picks a Winner: Resolving Circuit Split, Court Finds that Proof of FCA Scienter Depends on Defendant’s Subjective Beliefs. On June 1, 2023, the Supreme Court issued a landmark decision in United States ex rel. Schutte v.SuperValu, Inc. , unanimously holding that proving scienter (knowledge of alleged wrongdoing) under the...

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