Dan Wenner and Danielle Corcione authored an article, "Escobar's Effect On False Claims Act Qui Tam Actions; Region By Region," for Business Crimes Bulletin, an ALM publication covering financial and white-collar crime. The article discusses Universal Health Servs., Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (U.S. 2016), which altered the landscape for False Claims Act (FCA) litigation. As Wenner and Corcione explain in the article, the FCA is designed to prevent private companies contracting with the government from knowingly submitting false or fraudulent claims for their services. The Act allows actions to be filed against the alleged wrongdoers in federal district court, and provides an incentive for whistleblowers to come forward and make such claims. These qui tam plaintiffs must be the "original source" of the information about the false claims and are rewarded by receiving a percentage of the ultimate payout.
As the article discusses, in Escobar, the Supreme Court instructed lower courts to scrutinize the materiality of the false statements to the government's decision to pay a claim; in doing so, the Court raised the bar for successful prosecution of qui tam claims. The authors explore key opinions throughout the country that discuss Escobar and its impact. In conclusion, Wenner and Corcione write, "Different circuits have started to take different tacks with claims based on the Supreme Court's opinion in Escobar. The opinion is relatively recent, so there will undoubtedly be more to come. But for now, qui tam litigants should be mindful of the changes to the pleading rules in their particular jurisdiction because of Escobar's lineage."
On March 26, D.C. Counsel Steven Cash will be featured on live webinar, "When Congress Comes Calling: Unique Rights and Wrongs for Oversight and Investigation Targets," presented by the Washington Legal Foundation (WLF).
Day Pitney Newsletter
Dan Wenner and Stan Twardy authored an article, "Forfeiture and the Eighth Amendment," published in the January/February issue of GPSolo Magazine, a publication of the American Bar Association.
Steven Cash authored an analysis article, "What to Do When a Client Receives a Subpoena From Congress," published by the New York Law Journal.
On February 5, partners Dan Wenner and Jed Davis will present a webinar, "Cybersecurity Incident Report: Applying Reason And Rigor To Control Chaos," produced by PLAC (formerly the Product Liability Advisory Council).
Jed Davis was quoted in an article, "Manager Data in Peril from Growing Cyber Threats," published by FundFire, a Financial Times news service for professionals working in the high net worth and institutional investment management industry.
Stan Twardy appeared live on the RNN-TV program "Richard French Live," a nightly news talk show.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Five Tantalizing Questions About Mueller's Investigation," published by The Hill.
Washington, D.C.-based counsel Steven Cash was quoted in an article, "Rule Change Sharpens Dem Investigations into Trump," published by The Hill.