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Articles by Jayce Born
Defendants' Dream Or Relators' Nightmare — Could The FCA's Qui Tam Provisions Actually Be Held Unconstitutional? - Constitutional & Administrative Law - United States
The constitutionality of the False Claims Act's (FCA) qui tam provisions took center stage in a Florida federal courtroom on April 22, 2024. As our readers well know, in dissenting from the majority opinion in United States ex rel. Polansky v.
Our Predictions For 2024: False Claims Act Constitutionality
In the latest episode of Bona Fide Needs, Pub K Managing Editor Bill Olver is joined by Arnold & Porter False Claims Act Investigations & Defense attorneys Christian Sheehan and Jayce Born for a discussion on the constitutionality of the False Claims Act. Supreme Court Justice Thomas revived the long-dormant issue in his dissenting opinion in U.S. ex rel. Polansky v. Executive Health Resources Inc.
DOJ Clarifies It Won't Charge Good-Faith Cybersecurity Research With Violating CFAA
On May 19, the US Department of Justice (DOJ) announced a revised policy regarding charging violations of the Computer Fraud and Abuse Act (CFAA), directing its prosecutors not to charge "good-faith" computer security research.
Safety In Footnotes? Seventh Circuit Reaffirms Objective Scienter Under FCA
United States: Safety In Footnotes? Seventh Circuit Reaffirms Objective Scienter Under FCA 20 April 2022 by John P. Elwood and Jayce Born Arnold & Porter Your LinkedIn Connections with the authors Late last year, the Seventh Circuit joined a growing chorus of circuits to cabin expansive False Claims Act liability by holding in United States ex rel. Schutte v. SuperValu, Inc., No. 20-2241 (7th Cir. Aug.
At ABA Conference, Feds Show They're Setting Their
United States: At ABA Conference, Feds Show They're Setting Their "Sites" On E-Commerce As A Consumer Fraud Enforcement Priority 23 March 2022 by Jayce Born , John N. Nassikas and Michelle Gillice Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
United States: The (re)View Of The ABA's 37th Annual White Collar Institute From 30,000 Feet: Defense Bar Wonders, Are The Government's Enforcement Priorities For 2022 Too Lofty? 23 March 2022 by Jayce Born and Paul J. Fishman Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
What To Expect When You're Expecting (An FCPA Investigation): Federal Officials Look Ahead To 2022
United States: What To Expect When You're Expecting (An FCPA Investigation): Federal Officials Look Ahead To 2022 23 March 2022 by Jayce Born , Jonathan Green and John N. Nassikas Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. As promised, we're back with another update from the ABA's 37th Annual White Collar Institute in now slightly rainy San Francisco.
Justice Department Takes The FCA Online
United States: Justice Department Takes The FCA Online 28 October 2021 by Emily Reeder-Ricchetti , Jayce Born and Murad Hussain Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Deputy Attorney General Lisa Monaco announced two major cyberspace-related enforcement initiatives on October 6.
Justice Department Announces Two New Cyber Enforcement Tools
United States: Justice Department Announces Two New Cyber Enforcement Tools 22 October 2021 by Emily Reeder-Ricchetti , Jayce Born and Murad Hussain Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Deputy Attorney General Lisa Monaco announced two major cyberspace-related enforcement initiatives on October 6.
It’s Objectively Reasonable That the False Claims Act Requires an Objective Scienter Standard, Says Seventh Circuit
On August 12, 2021, the Seventh Circuit joined a growing chorus of circuits to cabin expansive False Claims Act liability by holding that the Act requires an objective scienter standard. Under this standard, a defendant who acted under an incorrect interpretation of the relevant statute or regulation did not act with the requisite knowledge under the FCA if (1) the interpretation was objectively reasonable and (2) no authoritative guidance warned the defendant away from that interpretation.
Checking Sports Scores At Work Or Embellishing Your Online Dating Profile? Supreme Court Weighs In: That's Not A Crime
United States: Checking Sports Scores At Work Or Embellishing Your Online Dating Profile? Supreme Court Weighs In: That's Not A Crime 29 June 2021 by Jessica Gillotte , Jayce Born , Ronald Lee and Suneeta Hazra Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On June 3, 2021, in a much-anticipated decision, the US Supreme Court ruled in Van Buren v.
Ransom Notice: Data Breach Notification Policies Evolve For Ransomware Attacks
United States: Ransom Notice: Data Breach Notification Policies Evolve For Ransomware Attacks 01 June 2021 by Michael Roig , Jayce Born and Suneeta Hazra Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On May 8, 2021, Colonial Pipeline Co., the operator of one of the largest gas pipelines in the United States, disclosed that it was the target of a major ransomware attack.
Every Step You Take: Police's Search For Armed Robber Makes New Law On Privacy Of Geolocation Information
To print this article, all you need is to be registered or login on Mondaq.com. An armed robber walks into seven stores in Indiana and Michigan during a three-week crime spree in October 2017. Investigators get from the robber's phone carrier real-time cell site location information (CSLI) that show his phone's pings to nearby cell towers, which help the investigators geolocate their suspect.
Picking Its Cases With Care: SCOTUS Declines To Weigh In On Objective Falsity Standard
United States: Picking Its Cases With Care: SCOTUS Declines To Weigh In On Objective Falsity Standard 10 March 2021 by Craig D. Margolis , John P. Elwood and Jayce Born Arnold & Porter Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
BYOD Policies And Criminal Investigations: What Happens To Company Information And Employees When Law Enforcement Seeks Access To Personal Devices (Part III) - Criminal Law - United States
United States: BYOD Policies And Criminal Investigations: What Happens To Company Information And Employees When Law Enforcement Seeks Access To Personal Devices (Part III) 14 December 2020 Arnold & Porter To print this article, all you need is to be registered or login on Mondaq.com. In our first two posts in this series (you can find them here and here), we explored whether the government can compel someone to unlock his cell phone with a warrant or a subpoena.
BYOD Policies And Criminal Investigations: What Happens To Company Information And Employees When Law Enforcement Seeks Access To Personal Devices (Part II) - Corporate/Commercial Law - United States
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When Cell Phones Cross Borders: Protecting Employees' Sensitive Data From Suspicionless Cell Phone Searches At International Airports
Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice): Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below. Mondaq has a "free to view" business model.
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