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.
As we enter 2023, we ask: What does the Supreme Court have in store for the FCA this term? Can an employer be deemed “on notice” for purposes of FCA retaliatory claims just because an employee tries to prevent an FCA violation? How is the Department of Justice (the “Department” or DOJ) planning to use the FCA to advance its Civil Cyber-Fraud Initiative, and where do we expect increased FCA enforcement in 2023? The answers to these questions and more are here in our January 2023 FCA Update.
Federal
Supreme Court Will Decide Limits of Government’s Ability to Dismiss FCA Suits. On December 6, 2022, the U.S. Supreme Court heard arguments in United States ex rel. Polansky v. Executive Health Resources Inc. to resolve a circuit split concerning whether the government can move to dismiss a qui tam case after initially declining to intervene in the suit. At issue was the Third Circuit’s finding that the government could intervene in a qui tam action under the FCA at any time and seek dismissal of the suit, even if it had previously declined to intervene in the case. During oral arguments, the justices appeared unlikely to prevent DOJ from dismissing the whistleblower...
For the past several months, a coordinated digital campaign has targeted community archivists in Bangladesh who document and preserve audiovisual material related to the July 2024 Student-People’s...