Category Archives: Falsity

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No Contractor Liability For False Statement Gov’t Didn’t See

Note: This article was originally published on April 25, 2017, on Law360’s White Collar Legal News and Analysis website. What happens when an employee of a government contractor falsifies a record that is entered into an internal database that is subject to government review, but the contractor discovers the record and rectifies the situation before … Continue Reading

The Government’s Take on Materiality After Escobar

Following the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989 (2016), we expected significant False Claims Act litigation over the Act’s materiality standard.  Such litigation is a direct consequence of Escobar’s holding, which does not limit the implied certification theory to violations of conditions of … Continue Reading
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