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Articles by Taylor Sample
The Real Battleground In Data Breach Cases Is Now The Court Of Appeals
Now more than ever, companies face an onslaught of cyberattacks and potential data breaches. While the core steps of incident response (containment, investigation, remediation, and recovery) remain consistent, the legal and regulatory landscape continues to evolve. Organizations must now navigate overlapping notification requirements, compressed timelines, and increased demands for precise information from multiple stakeholders.
Taylor Sample Discusses The Impact Of Recent Appellate Court Decisions On Data Breach Cases
Bass, Berry & Sims attorney Taylor Sample authored an article for Cyber Defense Magazine discussing the shifting battle ground of data breach cases into courts of appeals. Today, these matters often turn on the record created after the breach occurred. Judges are taking a closer look at what the company said in its notice letters; whether data was actually accessed, exfiltrated, or misused; whether contractual defenses were preserved; and what internal records show about the incident.
Taylor Sample Examines Healthcare Fraud Enforcement Trends From 2024 And Projected Issues For 2025
American Bar Association Health Law Section Bass, Berry & Sims attorney Taylor Sample authored an article for the American Bar Association (ABA) Health Law Section regarding healthcare fraud enforcement trends in 2024 and the projected issues for 2025, which highlights the Department of Justice's (DOJ) increasing focus on fraud, waste, and abuse.
Key Takeaways From DOJ's Continued Cybersecurity Enforcement
BB Bass, Berry & Sims More Bass, Berry & Sims is a national law firm with nearly 350 attorneys dedicated to delivering exceptional service to numerous publicly traded companies and Fortune 500 businesses in significant litigation and investigations, complex business transactions, and international regulatory matters.
Key Takeaways from DOJ’s Continued Cybersecurity Enforcement | JD Supra
On March 25, the U.S. Department of Justice (DOJ) announced a $4.6 million settlement with MORSECORP, Inc. (MORSE) over its alleged failures to satisfy cybersecurity requirements for federal defense contractors.
United States Files First Complaint Under The Civil Cyber-Fraud Initiative
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.
United States Files First Complaint Under the Civil Cyber-Fraud Initiative | JD Supra
On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims that the defendants knowingly failed to meet cybersecurity requirements in connection with certain Department of Defense (DoD) contracts in violation of the False Claims Act.
Taylor Sample Outlines CISA's Proposed Cyber Reporting Rules
Bass, Berry & Sims attorney Taylor Sample authored an article for Cybersecurity Insiders outlining the U.S. Cybersecurity & Infrastructure Security Agency's (CISA) proposed cyber reporting rules. The public comment period for the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) closed on June 3, 2024, leaving CISA a little over a year to make any modifications and publish the Final Rule.
The United States Intervenes In Its First False Claims Act Cybersecurity Case
The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate Director of Cybersecurity and former Principal Information Security Engineer (the relators).
CISA Publishes Proposed Rule For Cyber Reporting
On April 4, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) published its much-anticipated Notice of Proposed Rule Making for the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). CIRCIA was signed into law in March 2022 in response to a growing number of cyber threats and attacks on entities operating within certain critical infrastructure sectors.
The United States Intervenes in its First False Claims Act Cybersecurity Case | JD Supra
The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate Director of Cybersecurity and former Principal Information Security Engineer (the relators).
CISA Publishes Proposed Rule for Cyber Reporting | JD Supra
On April 4, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) published its much-anticipated Notice of Proposed Rule Making for the Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA). CIRCIA was signed into law in March 2022 in response to a growing number of cyber threats and attacks on entities operating within certain critical infrastructure sectors.
Cyber Incident Reporting May Be “Material” for Federal Contractors | JD Supra
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA).
Cyber Incident Reporting May Be “Material” for Federal Contractors
Last month, the Federal Acquisition Regulatory Council proposed new cybersecurity and incident reporting regulations for federal contractors on behalf of the Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA).
Expect More Cyber-Enforcement Under The False Claims Act
Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific "high impact initiatives" that the federal government will carry out to achieve its cybersecurity objectives.
Expect More Cyber-Enforcement under the False Claims Act | JD Supra
Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific “high impact initiatives” that the federal government will carry out to achieve its cybersecurity objectives.
Expect More Cyber-Enforcement under the False Claims Act
Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific “high impact initiatives” that the federal government will carry out to achieve its cybersecurity objectives.
11th annual Healthcare Fraud & Abuse Review 2022
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We are pleased to bring you our 11th annual Healthcare Fraud & Abuse Review. Our Review provides comprehensive coverage of the most significant civil and criminal enforcement issues facing healthcare providers. Each year, we endeavor to cover key enforcement initiatives, analyze important case developments and document healthcare fraud settlements across the industry, and present those topics in a readily digestible format for our readers.
By Angela Bergman, Kristin M. Bohl, J. Taylor Chenery, Matthew M. Curley, Lindsey Brown Fetzer, Lauren Gaffney, Scott Gallisdorfer, Jeff Gibson, Anna Grizzle, Brian Irving, Stewart W. Kameen, Travis Lloyd, William T. Mathias, Jennifer Michael, Lisa S. Rivera, Brian Roark, Glenn Rose, Molly Ruberg, Danielle Sloane, Julia Tamulis, Nathan Brown, Hannah Choate, Maleaka Guice, Dee Harleston, Sheaniva Murray, Heather Pearson, Brianna Powell, Peter Rathmell, Taylor Sample, Rhea Shinde, Page Minton Smith, Briana Sprick Schuster, Jamie Steakley, Hannah C. Webber, Abby Yi, John C. Eason, Michael K. Bassham, Garrah Carter-Mason
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Lexology
Verified
Second Circuit Holds False Claims Act Complaint Is Barred by SEC Filings | JD Supra
In July 2021, the U.S. District Court for the Eastern District of New York dismissed a False Claims Act complaint filed by CKD Project, LLC, an entity created for the purpose of filing the lawsuit, which alleged that Fresenius violated the federal Anti-Kickback Statute by over-paying physicians for a majority interest in certain dialysis centers in exchange for the physicians’ continued referrals.
Second Circuit Holds False Claims Act Complaint Is Barred by SEC Filings
In July 2021, the U.S. District Court for the Eastern District of New York dismissed a False Claims Act complaint filed by CKD Project, LLC, an entity created for the purpose of filing the lawsuit, which alleged that Fresenius violated the federal Anti-Kickback Statute by over-paying physicians for a majority interest in certain dialysis centers in exchange for the physicians’ continued referrals.
Federal Court Rejects Government’s Evidence of Anti-Kickback Statute Violations | JD Supra
Earlier this month, the U.S. District Court for the Northern District of Georgia entered an order critiquing the government’s lack of evidence in a criminal case alleging violations of the Anti-kickback Statute (AKS). The court’s analysis provides several key takeaways for potential AKS and False Claims Act defendants and other regulated entities: Government Alleged “Sham” Contracts Were Meant to Disguise Kickbacks.
Federal Court Rejects Government’s Evidence of Anti-Kickback Statute Violations
Earlier this month, the U.S. District Court for the Northern District of Georgia entered an order critiquing the government’s lack of evidence in a criminal case alleging violations of the Anti-kickback Statute (AKS). The court’s analysis provides several key takeaways for potential AKS and False Claims Act defendants and other regulated entities: Government Alleged “Sham” Contracts Were Meant to Disguise Kickbacks.
Third Time is Not the Charm – Supreme Court Denies Cert. on Rule 9(b) Split Again | JD Supra
On October 17, the U.S. Supreme Court summarily denied three petitions asking the Court to resolve a growing circuit split on the application of Federal Rule of Civil Procedure 9(b) in False Claims Act lawsuits. This had been a much-watched issue after the Court declined to hear similar cases in 2010 and 2014—with many commentators speculating that this would be the year the Supreme Court would finally tackle Rule 9(b).
Third Time is Not the Charm - Supreme Court Denies Cert. on Rule 9(b) Split Again
On October 17, the U.S. Supreme Court summarily denied three petitions asking the Court to resolve a growing circuit split on the application of Federal Rule of Civil Procedure 9(b) in False Claims Act lawsuits. This had been a much-watched issue after the Court declined to hear similar cases in 2010 and 2014—with many commentators speculating that this would be the year the Supreme Court would finally tackle Rule 9(b).
United States Says No Supreme Court Review Needed in False Claims Act Cases | JD Supra
Last week, we posted about the U.S. Supreme Court’s request for input from the Solicitor General on how False Claim Act complaints should be reviewed by courts. Currently, the plaintiff-relators in two cases—U.S. ex rel. Owsley v. Fazzi Associates, Inc. and Johnson v. Bethany Hospice & Palliative Care, LLC—have submitted petitions for certiorari asking the Supreme Court to resolve what they see as a “long-standing circuit split” on the application of Rule 9(b) in False Claims Act cases.
United States Says No Supreme Court Review Needed in False Claims Act Cases
Last week, we posted about the U.S. Supreme Court’s request for input from the Solicitor General on how False Claim Act complaints should be reviewed by courts. Currently, the plaintiff-relators in two cases—U.S. ex rel. Owsley v. Fazzi Associates, Inc. and Johnson v. Bethany Hospice & Palliative Care, LLC—have submitted petitions for certiorari asking the Supreme Court to resolve what they see as a “long-standing circuit split” on the application of Rule 9(b) in False Claims Act cases.
Supreme Court Taking Hard Look at Rule 9(b) Standard | JD Supra
Earlier this week, the U.S. Supreme Court solicited input from the Department of Justice (DOJ) regarding the scrutiny with which courts should view False Claims Act complaints—particularly those filed by private plaintiff-relators. Because a complaint filed under the False Claims Act accuses the defendant of committing fraud against the government, it must satisfy the heightened pleading standards of Federal Rule 9(b), which demand more “particularity” than normal pleadings.
Supreme Court Taking Hard Look at Rule 9(b) Standard
Earlier this week, the U.S. Supreme Court solicited input from the Department of Justice (DOJ) regarding the scrutiny with which courts should view False Claims Act complaints—particularly those filed by private plaintiff-relators. Because a complaint filed under the False Claims Act accuses the defendant of committing fraud against the government, it must satisfy the heightened pleading standards of Federal Rule 9(b), which demand more “particularity” than normal pleadings.
False Claims Act Fundamentals: What Is a Relator? | JD Supra
A relator is a private person or entity who files a False Claims Act (FCA) lawsuit on behalf of the United States in exchange for receiving a portion any recovery from the defendant. The FCA was enacted in 1863 in response to defense contractors defrauding the Union Army during the Civil War.
What Does the DOJ’s New Civil Cyber-Fraud Initiative Mean for You? | JD Supra
As discussed in a previous post, the Department of Justice (DOJ) has announced a new Civil Cyber-Fraud Initiative to utilize one of the strongest tools in its toolbox—the False Claims Act—to hold entities receiving federal dollars accountable where it believes they are failing to meet their cybersecurity obligations. Who should be aware of this initiative? The reach of the False Claims Act is extremely broad.
What Does the DOJ’s New Civil Cyber-Fraud Initiative Mean for You?
As discussed in a previous post, the Department of Justice (DOJ) has announced a new Civil Cyber-Fraud Initiative to utilize one of the strongest tools in its toolbox—the False Claims Act—to hold entities receiving federal dollars accountable where it believes they are failing to meet their cybersecurity obligations. Who should be aware of this initiative? The reach of the False Claims Act is extremely broad.
Reminder: When Are Communications with Corporate Counsel Privileged? | JD Supra
To foster open and honest communications with counsel, it is critically important that those communications are protected from disclosure by the attorney-client privilege. But, not every communication with counsel is privileged, and knowing when a communication with counsel is protected can sometimes prove difficult. Given an increasingly complex regulatory landscape, more and more attorneys—particularly in-house attorneys—are wearing dual hats as both lawyers and business advisors.
Court Requires Evidence of Harm to Bring Data Breach Lawsuit | JD Supra
On July 16, the U.S. District Court for the Middle District of Alabama dismissed a putative class action against Sarrell Regional Dental Center for Public Health relating to a 2019 ransomware incident. Data Incident and Response In July 2019, Sarrell detected ransomware on one of its computers and immediately deactivated its network, temporarily closed its practices, and engaged an independent computer security firm to conduct a forensic investigation of the breach.
Eighth Circuit Affirms Dismissal of Kickback Case
On June 25, the U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal with prejudice of a qui tam False Claims Act (FCA) suit alleging certain physician compensation arrangements at Trinity Health violated the Anti-Kickback Statute (AKS) and Stark Law.
Courts Caution That Not All Data Breach Investigation Reports Are Privileged | JD Supra
Absent proper precautions, companies may be forced to produce or otherwise disclose third-party forensic reports generated during a post-breach investigation. Historically, when a data breach has occurred, companies have understood that engaging outside counsel to conduct an investigation would ensure that any work product produced by counsel or any consultants retained by counsel would be protected from disclosure by the attorney-client privilege or attorney work-product doctrine.
COVID-19 and the False Claims Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
COVID-19 and the False Claims Act
As the impact of the COVID-19 pandemic continues to spread, the federal government is preparing to take unprecedented action to curb its effects on the nation’s health and economy by freeing up federal dollars for private businesses, manufacturers and healthcare entities of all types.
Recent Developments in False Claims Act Pleading Standards | Lexology
The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these settlements and judgments—$2.1 billion of the $3 billion total—were the result of qui tam whistleblower lawsuits filed under the False Claims Act (FCA).
Recent Developments in False Claims Act Pleading Standards | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in False Claims Act Pleading Standards
The Department of Justice (DOJ) recently released its report detailing the settlements and judgments obtained in 2019 from civil cases involving fraud and abuse claims. As in years past, the substantial majority of these settlements and judgments—$2.1 billion of the $3 billion total—were the result of qui tam whistleblower lawsuits filed under the False Claims Act (FCA).
Failure to Voluntarily Self-Report is a "Non-starter" under the FCA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in FCA Pleading Standards – Part Two | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Recent Developments in FCA Pleading Standards – Part One | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
With Widening Circuit Splits and Mounting Pressure, Will 2019 See a Post-Escobar Decision from the Supreme Court? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
DOJ Bows Out of ManorCare FCA Case
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