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Articles by Bridget Mayer Briggs
Vaccine Mandate for Federal Contractors Government Workers Ending
After several Federal District Courts issued injunctions against the federal contractor vaccine mandate in December 2021, the Federal Government issued guidance fully suspending its enforcement of the federal contractor mandate. Despite the guidance, the future of the federal contractor vaccine mandate continued to remain in a state of limbo.
Supreme Court to consider impact of ambiguous government regulations
A successful False Claims Act claim must show that the defendant submitted a false claim or statement "knowingly." The "knowing" element of the claim - known as the scienter prong - depends on whether the defendant actually knew that the claim or statement was incorrect, or recklessly disregarded the facts or legal requirements that rendered the claim "false." Government regulations - for example, those that govern when and how programs including Medicare and Medicaid will pay for the item or...
What Is “Knowing” under the FCA? Supreme Court to Consider Impact of Ambiguous Regulations | JD Supra
A successful False Claims Act (“FCA”) claim must show that the defendant submitted a false claim or statement “knowingly.” The “knowing” element—the scienter prong—depends on whether the defendant actually knew that the claim or statement was incorrect, or recklessly disregarded the facts or legal requirements that rendered the claim “false.” But, of course, government regulations, contract terms, and grant requirements can be incredibly complex and difficult to understand.
What Is “Knowing” under the FCA? Supreme Court to Consider Impact of Ambiguous Regulations
A successful False Claims Act (“FCA”) claim must show that the defendant submitted a false claim or statement “knowingly.” The “knowing” element—the scienter prong—depends on whether the defendant actually knew that the claim or statement was incorrect, or recklessly disregarded the facts or legal requirements that rendered the claim “false.” But, of course, government regulations, contract terms, and grant requirements can be incredibly complex and difficult to understand.
Partial Settlement and Allocation of Damages Liability under the False Claims Act (“FCA”) | JD Supra
On August 30, 2022, the D.C. Circuit Court of Appeals brought renewed attention to the conundrum of False Claims Act (“FCA”) damages by applying a pro tanto allocation rule to a partially settled case. In United States v. Honeywell International Inc., No. 21-5179, 2022 WL 3723020 (D.C. Cir. Aug.
Polansky and the Future of FCA Qui Tam Prosecution | JD Supra
In its upcoming term, the U.S. Supreme Court is poised to address the issue of whether the United States can seek to dismiss a whistleblower’s False Claims Act (“FCA”) lawsuit after it has elected not to participate in the case. And, if it can seek dismissal, what standard should apply? On June 21, 2022, the Court agreed to consider the matter of United States ex rel. Polansky v. Executive Health Resources, Inc. (Case No. 19-3810).
The FinTech Revolution: How Data Breaches Can Result in Regulatory Enforcement Actions | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
The FinTech Revolution: Enforcement Actions Brought against FinTech Companies and Their Implications
This is the second installment in a series of articles. For an understanding of FinTech products and services and how they are disrupting the financial services industry, please read our first article in this series, An Introduction to Financial Technology.
IRS Criminal Investigation Division Announces New Priorities
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New Jersey Attorney General Announces Two New Incentives Programs to Generate Leads in Public Corruption Cases
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