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."
Jed Davis spoke on "Cybersecurity: Surveying Current State and Federal Regulatory Activity By The SEC and NYDFS," a webinar presented by Bloomberg and moderated by cybersecurity expert Daniel Garrie.
Jed Davis authored an article, "Six Common Misconceptions About Cybersecurity," which appears in the March 5, 2018 issue of New York Law Journal as part of a special section on cybersecurity.
Day Pitney Newsletter
Day Pitney Newsletter
Day Pitney Alert
Dan Wenner was quoted in an article, "Shkreli's Sentence Shows Risks Of Open Defiance," published by Law360.
Dennis Kearney was quoted in an article, "ICE targets have taken sanctuary in N.J. church. Can ICE go in and get them?" published by NJ.com.
Stan Twardy was quoted in an article, "Mueller's Silence Cuts Through Noise of Trump Russia Inquiries," published by Bloomberg.
Jed Davis was quoted in an article, "What To Watch As Supreme Court Tackles Location Privacy," published in Law360.
Jed Davis was quoted in an article, "White Collar 'Goes Dark' With Rise Of Secret Messaging Apps," published in Law360.