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Escobar decision continues to affect major FCA cases

In 2016, the Supreme Court decided the landmark FCA case Universal Health Servs., Inc. v. United States ex rel. Escobar, 136 S.Ct. 1989 (2016). Escobar resolved a circuit split over the implied false certification theory of liability under the FCA, upholding the theory as valid but tightly circumscribing its scope through a "rigorous" interpretation of the Act's materiality and scienter requirements—holding that "[a] misrepresentation about compliance with a statutory, regulatory, or contractual requirement must be material to the Government's payment decision in order to be actionable under the False Claims Act." Escobar, 136 S.Ct. at 1996. This holding continues to percolate through the federal courts, proving determinative in several recent cases of interest. More

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Department of Justice Announces Mylan Settlements

On August 17, the Department of Justice announced a landmark $465 million settlement in a False Claims Act action against pharmaceutical companies Mylan Inc. and Mylan Specialty L.P., best known as the makers of EpiPen, a critical emergency medication for individuals suffering from life-threatening allergies. More

Why Whistleblowers Need to Follow Appropriate Legal Procedures

whistleblower procedures

Whistleblowers play a critical role in helping the government recover ill-gotten funds obtained through fraud. Accordingly, under the False Claims Act, whistleblowers are permitted to share in the government’s recovery of any fraudulently obtained funds. But, in order to share in the financial recovery, whistleblowers must follow certain procedures and meet certain legal requirements. More

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