Litigation

BLOG: Justice Department Issues New False Claims Act Guidance on Cooperation Credit That May Reduce FCA-Defendant Liability

May 16, 2019
By Matthew E. Feinberg
Last week, on May 7, 2019, the U.S. Department of Justice ("DOJ") announced the issuance of formal guidance to clarify the manner in which the DOJ allocates credit to defendants who cooperate with government investigations in False Claims Act ("FCA") matters. In a press release from the Office of Public Affairs, the DOJ explained that it "has taken important steps to incentivize companies to voluntarily disclose misconduct and cooperate with [DOJ] investigations[.]" Specifically with regard to the FCA, the DOJ announced, "False Claims Act defendants may merit a more favorable resolution by providing meaningful assistance to the [DOJ] – from voluntary disclosure, which is the most valuable form of cooperation, to various other efforts, including the sharing of information gleaned from an internal investigation and taking remedial steps through new or improved compliance programs."
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BLOG: Federal Appeals Court Gives $34 Million False Claims Act Pay Day to Whistleblower and Takes it From Another

May 8, 2019
By Matthew E. Feinberg
"It was the best of times, it was the worst of times . . . ." Charles Dickens was not thinking of the False Claims Act when he wrote "A Tale of Two Cities," but the First Circuit Court of Appeals was when it decided United States ex rel. McGuire v. Millenium Laboratories, Inc. earlier this week. With the decision, a three judge panel of that Court moved over $34 million in relator fees from one whistleblower to another, highlighting the risks—for both whistleblowers and government contractors—inherent in False Claims Act cases.
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Fourth Circuit Makes It Harder for Whistleblowers in FCA Cases

March 26, 2019
By Paul W. Mengel III
In a relatively recent decision, the U. S. Court of Appeals for the Fourth Circuit raised the bar a notch for whistleblowers in False Claim Act ("FCA") cases whose allegations lack specificity as to direct evidence of presentment for payment to the government for fraudulent services. Indeed, in her dissenting opinion in U.S. ex rel. David Grant v. United Airlines, Inc., No. 17-2151 (4th Cir. 2018), Judge Keenan opined that this ruling, affirming the dismissal of the claim at the pre-discovery pleading phase of the case, "effectively limits qui tam actions to whistleblowers in ‘white collar' positions with access to financial and other business records."
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PilieroMazza Litigation Team Wins Long-Odds Appeal of New York Stock Exchange Delisting Decision

February 22, 2019
By Pamela J. Mazza
Recently, PilieroMazza had the privilege of representing India Globalization Capital, Inc. (NYSE: IGC) on its appeal of a decision by the New York Stock Exchange ("NYSE American" or "the Exchange") to delist IGC's common stock from trading on the Exchange. Victories in NYSE appeals are rare and extremely difficult to come by, particularly when the Exchange's delisting decision is based on subjective and discretionary criteria. In these types of proceedings, the odds are always stacked against the company. But ultimately, even against those odds, truth wins out; the Exchange's delisting procedures allow for a meaningful presentation of evidence to rebut the decision, and under the right circumstances, a company can be vindicated.
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Facing Costly Litigation? An Offer of Judgment May Save You Money in the Long Run

January 25, 2019
By Matthew E. Feinberg
"[I]n this world, nothing can be said to be certain, except death and taxes." This oft-cited quote attributed to Benjamin Franklin may be timeless, but it fails to tell the whole story in the modern world—at least for businesses facing unwelcome litigation. As companies conduct more and more of their business digitally, the cost of defending a lawsuit is increasing, due in large part to the impact of electronic discovery obligations. Electronic discovery, or e-discovery, generally involves the identification, collection, and production of all electronically stored information (such as e-mails, document drafts, spreadsheets, electronic archives, instant messages, and the like) that may be even remotely relevant to a dispute. For many companies, this means they are paying lawyers to review and produce hundreds upon hundreds of thousands of documents, substantially increasing the costs and attorneys' fees incurred for even minor suits.
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