The FCA at the Supreme Court, Part 4 of 4: Government Intervention and Dismissal of FCA Cases
The False Claims Act (FCA) saw quite a bit of action at the Supreme Court in its most recent completed term. In this fourth and final installment of PilieroMazza ’s blog series “The FCA at the Supreme Court,” we examine active cases, comment on recently issued decisions, and offer key takeaways to help government contractors protect their business assets against an FCA claim or in FCA litigation. Please visit these links for Part 1 , Part 2 , and Part 3 . In the first installment of . . . Read More
PilieroMazza Welcomes Former Military Trial Judge Mark Rosenow to Its Litigation Team
PilieroMazza is pleased to announce the arrival of Mark Rosenow as Counsel in the Firm’s Litigation & Dispute Resolution Group . A former trial judge in the U.S. Air Force Trial Judiciary, Mark brings to PilieroMazza more than 15 years of legal practice and experience in complex civil and criminal litigation and high-risk investigations. Matt Feinberg , the Group’s Chair, said: “Mark’s diverse experiences give him the perspective to negotiate practical business solutions for clients to avoid costly disputes or litigate when necessary to defend a client’s bottom line. . . . Read More
8 Key Takeaways from DOJ’s Annual Report on Fraud and the False Claims Act
“It was the best of times, it was the worst of times . . . .” Charles Dickens’ famous line from A Tale of Two Cities may have been echoing in the ears of Department of Justice (DOJ) attorneys a bit over the last month. On February 7, 2023, DOJ issued its annual report on fraud and False Claims Act (FCA) recoveries for fiscal year 2022. After the agency recovered over $5.6 Billion in fiscal year 2021, the annual report disclosed what . . . Read More
Disloyal Employees: Disgorgement Offers Employers Some Reprieve
In many states, employees owe a duty of loyalty to their employer as long as they remain on the employer’s payroll. In other words, employees must generally act in the best interests of their employer—and not solely for their own self-interest—throughout the course of their employment. This is particularly the case for employees serving in management- or supervisory-level roles or where the employee has access to the employer’s confidential information, trade secrets, or “secret sauce.” But what can an employer . . . Read More
Non-Compete Agreements: What Employers and Healthcare Providers Should Know
Non-compete clauses are a common component in employment agreements for many businesses and healthcare providers. Employers and healthcare providers, ranging from large public hospitals and Fortune 500 companies to small private practices and businesses, utilize non-compete clauses in their employment agreements to protect their businesses and medical practices by restricting their employees’ ability to work for a competing entity. This blog offers important considerations for employers and healthcare providers implementing non-compete agreements and clauses to protect their interests, ensure enforceability, . . . Read More
Risk Prevention Strategies: Responding Effectively to Internal Workplace Complaints
GovCon Live! · Risk Prevention Strategies: Responding Effectively to Internal Workplace Complaints
Risk Prevention Strategies: Avoiding Costly FLSA Missteps
GovCon Live! · Risk Prevention Strategies: Avoiding Costly FLSA Missteps
Jury Convicts Former NASA Subcontractor of Fraud: A Warning Regarding Wire Fraud for Government Contractors
In the government contracting sphere, being able to qualify for one or more of the U.S. Small Business Administration’s (SBA) small business set-aside programs or self-certify as a small business can help open doors to new contracting opportunities for companies without having to compete against billion-dollar businesses. But making a false certification of size or status to participate in these programs or bid on set-aside contracts can cause problems for your business and may even lead to criminal liability. A . . . Read More
What Does Bill Cosby’s Overturned Conviction Mean for Your Fifth Amendment Rights Against Self-Incrimination?
The Supreme Court of Pennsylvania recently overturned Bill Cosby’s 2018 conviction for crimes of sexual assault. Most have focused on the justness of this outcome. But the court’s 79-page opinion also has implications for how witnesses in civil cases navigate the potential risk of self-incrimination—including witnesses testifying on behalf of a corporation as a corporate designee under Federal Rule of Civil Procedure 30(b)(6). As we discussed in our blog on invoking the Fifth Amendment in a civil deposition, the privilege can . . . Read More
Alaska Native Corporations Now Eligible for CARES Act Funds Following Supreme Court Decision
On June 25, 2021, the Supreme Court ruled in a 6–3 decision , in Yellen v. Confederated Tribes of the Chehalis Reservation, that Alaska Native Corporations (ANCs) are “Indian tribes,” as defined by the Indian Self-Determination and Education Assistance Act (ISDA). In accordance with the ruling, ANCs are thus entitled to some of the $8 billion allocated to “Tribal governments” by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in the wake of the coronavirus pandemic (COVID-19). The decision . . . Read More