Stanley A Twardy Jr. and Liz Latif wrote an article, "The False Claims Act After Escobar: A Three-Part Test," for the Business Crimes Bulletin. The article is about the decision in Universal Health Servs. V. United States ex rel Escobar, in which the Supreme Court provided a new framework for assessing false certification liability under the False Claims Act. The false certification theory of liability arises when a government contractor fails to comply with contractual provisions, statutes, or regulations, and the contractor has either expressly or impliedly certified such compliance. Twardy and Latif explain Escobar’s three-part test for establishing such liability:
1) Does the request for payment contain a “specific” representation about the goods or services provided?
2) If yes,
a) Was it false? or
b) Did the representation omit that the requestor had not complied with a statutory, regulatory, or contractual requirement, such that it made the representation a half-truth?
3) Was the misrepresentation material to the government’s payment decision?
Day Pitney Litigation Partner Mark Salah Morgan's re-election to the firm's Executive Board and appointment to vice-chair of the Litigation department was featured in NJBiz.
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "D.C. Circ. Ruling Puts Trump In Hot Seat – And On The Clock."
On January 17, Day Pitney Litigation Partner Naju Lathia was installed as the South Asian Bar Association of New Jersey's (SABA-NJ) North Jersey Regional Representative for its 2024 term.
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "On Your Mark, Get Set, Prosecute: Trump Cases Vie For Lead."
Day Pitney White Collar Attorney Stan Twardy was featured in the Stamford Advocate article, "CT Troopers Logged Hundreds of Questionable Tickets During Federally Funded Shifts, Records Show."
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "Jack Smith's 'Masterstroke' Supreme Court Move Has Risks."
Day Pitney White Collar Attorney Stan Twardy was featured in Hearst Connecticut Media Group's article, "As Federal Probe of CT State Police Ticket Scandal Deepens, Lawmakers Look for Answers."
Day Pitney White Collar Attorney Stan Twardy was featured in The Register Citizen article, "Grand Jury Convenes to Consider Federal Charges in Connecticut State Police Ticket Scandal."
Day Pitney White Collar Attorney Stan Twardy was featured in the Politifact article, "The Facts on George Santos' House Expulsion: What Happens Next?"
Day Pitney White Collar Attorney Stan Twardy was featured in the Law360 article, "Outspoken NY Judge Could Help Trump More Than Hurt Him."
Copyright © 2024 Day Pitney LLP, all rights reserved.