Published: September 26, 2016

SEC Charges Against a Company and Its General Counsel Highlight Importance of Disclosing False Claims Act Investigations

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Published: February 26, 2016

On February 2, 2016 the Third Circuit addressed Weist v. Tyco Electronics Corp., for a second time and, on this occasion, affirmed an Eastern District of Pennsylvania order granting summary judgment to Tyco.

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Published: April 24, 2015

In Weist v. Tyco, an employee in Tyco’s accounting department brought a suit against the company under the Sarbanes-Oxley Act, alleging that he was fired in retaliation for his objection to corporate spending on extravagant parties.

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Published: April 16, 2015

In United States v. United Technologies Corp., the 6th U.S. Circuit Court of Appeals found that a $657 million judgment awarded to the U.S. government for the defendant’s overbilling on military jet engines was not supported by the evidence.  Under the False Claims Act (FCA), the government bears the burden to prove its damages by a preponderance of the evidence. See 31 U.S.C. § 3731(c).

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Published: October 31, 2014

In Brief

  • The Office of Inspector General of the Department of Health and Human Services recently issued a warning to pharmaceutical manufacturers, reminding them that copay coupons used for drugs purchased through federal healthcare programs can constitute illegal kickbacks and a violation of the False Claims Act.

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Published: July 14, 2014

In Brief

  •  In contrast to the recent, public and record-breaking False Claims Act settlements with Big Pharma, the government’s intervention in a relator’s suit against a computer software company, alleging that the contractor overcharged agencies by at least $100 million since 2006, should be a warning to other industries – the classic FCA suit is still as effective as ever in recovering against fraudulent billing based on a contract for services

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Published: June 3, 2014

In Brief

  • Schuylkill Products case highlights how a whistleblower can put an employer on track to face both criminal and civil proceedings under the False Claims Act.

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Published: March 28, 2014

In Brief

  • The U.S. Securities and Exchange Commission asserts its position with an amicus brief supporting whistleblowers using internal compliance programs.
  • Siemens’ support for a narrow construction of Dodd-Frank whistleblower protections could undermine industry efforts to encourage internal reporting.

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