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  1. Services
  2. False Claims Act Investigations & Litigation

Insights on False Claims Act Investigations & Litigation

50 total results. Page 1 of 2.

News
FCA Working Group Reboot Signals EHR Compliance Risk
July 22, 2025
D. Jacques Smith, Michelle J. Shapiro, Rebekkah R.N. Stoeckler, Stephanie Trunk, Nadia Patel, Pascal Naples

The government has announced a renewed and expanded focus on False Claims Act enforcement, doubling down on traditional healthcare priorities like kickbacks and drug pricing while signaling increased scrutiny of electronic health records manipulation, a shift that could expose data vendors and other nontraditional healthcare entities to scrutiny from the US Department of Justice and the US Department of Health and Human Services.

News
Smith and Patel Quoted on DOJ’s FCA Enforcement Priorities in Health Care
July 21, 2025
D. Jacques Smith, Nadia Patel

Investigations Practice Group Leader D. Jacques Smith and Health Care Industry Co-Leader Nadia Patel were quoted on the recent increase in health care enforcement actions under the False Claims Act (FCA), as it remains a top priority for the US Department of Justice (DOJ).

Investigations Blog
IT Company Resolves FCA Allegations for Nearly $15 Million
July 18, 2025
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Apeksha Vora, Nardeen Billan

Headlines that Matter for Companies and Executives in Regulated Industries

Customs & Import Compliance Blog
As the (Customs and Trade) World Turns: July 2025
July 14, 2025
Angela M. Santos, Antonio J. Rivera, Megan Barnhill, Nadia Patel, Jackson David Toof, Matthew Tuchband, James Kim*, Lucas A. Rock, Mario A. Torrico, Maya S. Cohen, Derek Ha, Denny Peixoto

Welcome to the July 2025 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Investigations Blog
Federal Court Imposes Nearly $1 Billion in FCA Damages and Penalties Against Omnicare and CVS
July 11, 2025
D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Apeksha Vora, Heather M. Zimmer, Rebekkah R.N. Stoeckler

Headlines that Matter for Companies and Executives in Regulated Industries

Investigations Blog
DOJ and HHS Emphasize Continued, Robust, and Coordinated Health Care Enforcement With Revival of False Claims Act Working Group
July 8, 2025
D. Jacques Smith, Nadia Patel, Michelle J. Shapiro, Stephanie Trunk, Pascal Naples, Rebekkah R.N. Stoeckler

The government has announced a renewed and expanded focus on False Claims Act (FCA) enforcement, doubling down on traditional health care priorities like kickbacks and drug pricing while signaling increased scrutiny of Electronic Health Records (EHR) manipulation.

Press Release
ArentFox Schiff Uses Lanham Act Claim To Secure Victory for Azurity Pharmaceuticals
September 13, 2022

ArentFox Schiff secured an important victory for Azurity Pharmaceuticals, Inc. when the US Court of Appeals for the First Circuit found that the Food, Drug, and Cosmetic Act permits a pharmaceutical company to pursue false advertising claims against a compounding pharmacy, Edge Pharma, LLC.

News
Damages Could Pile Up If High Court Affirms False Claims Ruling
January 4, 2019
D. Jacques Smith, Randall A. Brater, Michael F. Dearington

Arent Fox attorneys D. Jacques Smith, Randall Brater, and Michael Dearington spoke with Bloomberg Law about an upcoming US Supreme Court case and its potential ramifications for False Claims Act cases.

Glass sky scrapers
Investigations Blog
Friday Enforcement Wrap: $260 Million to Settle Kickback Claims & More Top Headlines
September 28, 2018
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Rebecca W. Foreman, Nadia Patel

Headlines that Matter for Companies and Executives in Regulated Industries

Cityscape, Glass Buildings, Sky Scrapers
Investigations Blog
Sixth Circuit Adopts Whistleblower–Friendly Objective Intent Standard for FCA Retaliation Claims Premised on Constructive Discharge
September 5, 2018
D. Jacques Smith, Randall A. Brater, Nadia Patel

In a recent decision, the Sixth Circuit adopted an objective intent standard: an employee alleging constructive discharge in violation of the False Claims Act need not prove that the employer took actions designed to force the employee to quit.

News
Is DOJ Changing Its Approach to Enforcement? What Regulated Entities Need to Know
June 1, 2018
D. Jacques Smith, Randall A. Brater, Michael F. Dearington

Arent Fox Partners D. Jacques Smith and Randall A. Brater and Associate Michael F. Dearington penned an article in the May issue of Pratt’s Government Contracting Law Report on three recent changes to the Department of Justice’s enforcement policies.

Investigations Blog
Surviving the Public Disclosure Bar Just Got Easier for Relators in the Ninth Circuit
May 7, 2018
D. Jacques Smith, Randall A. Brater

A development out of the Ninth Circuit makes relators more likely to qualify as an original source under the False Claims Act and thus survive the public disclosure bar.

Investigations Blog
Recent Anti-Kickback Settlements Continue to Generate Substantial Revenue for DOJ
May 4, 2018
D. Jacques Smith, Randall A. Brater, Nadia Patel

The latest False Claims Act settlements indicate that the Anti-Kickback Statute continues to be an enforcement priority and a key tool for identifying and prosecuting healthcare fraud.

News
Another One Bites the Dust: Court Tosses Nearly $350 Million False Claims Act Verdict Under Escobar
April 24, 2018
D. Jacques Smith, Randall A. Brater, Michael F. Dearington

Arent Fox partners D. Jacques Smith and Randall Brater and associate Michael Dearington penned an article published in the April issue of Pratt’s Government Contracting Law Report on the recent reversal of a substantial False Claims Act verdict.

Alerts
Whistle While They Work: SEC Announces Largest-Ever Dodd-Frank Whistleblower Awards
March 23, 2018
Lynn R. Fiorentino, Peter V. B. Unger, Michael F. Dearington

Earlier this week, the United States Securities and Exchange Commission sent shockwaves through the financial-industry legal-and-compliance communities, announcing its largest-ever Dodd-Frank whistleblower awards, totaling $83 million.

Investigations Blog
Fighting the Opioid Epidemic: New DOJ Prescription Interdiction & Litigation Task Force To Target Drug Manufacturers & Distributors
March 6, 2018
D. Jacques Smith, Stephanie Trunk

Attorney General Jeff Sessions announced the launch of the Prescription Interdiction & Litigation Task Force, which will use criminal and civil law enforcement tools to combat the nation’s opioid epidemic, specifically targeting drug manufacturers and distributors.

News
New DOJ Policies Favor Corporate Defendants
February 27, 2018
D. Jacques Smith

On February 8, 2018, Complex Litigation Practice Group Leader Jacques Smith was quoted in an article by Compliance Week titled, “New DOJ Policies Favor Corporate Defendants.”

Investigations Blog
Another One Bites the Dust: Court Tosses Nearly $350 Million False Claims Act Verdict Under Escobar
January 24, 2018
D. Jacques Smith, Randall A. Brater, Michael F. Dearington

A federal district court in Florida earlier this month reversed a jury verdict and vacated a $350 million False Claims Act award, joining the growing number of courts to strictly apply the materiality standard set by the US Supreme Court.

Investigations Blog
DOJ Reports $3.7 Billion in False Claims Act Recoveries in FY 2017
January 8, 2018
D. Jacques Smith, Randall A. Brater, Michael F. Dearington

The Department of Justice recently published its annual False Claims Act (FCA) recoveries statistics for Fiscal Year 2017, reporting $3.7 billion in FCA settlements and judgments in FY 2017.

Health Care Counsel Blog
US Attorney Announces Kickback and False Claims Act Settlement with Device Manufacturer BioTelmetry/MedNet
November 29, 2016
Stephanie Trunk, Emily Cowley Leongini

The US Attorney’s Office for the District of New Jersey recently announced an agreement with BioTelemetry Inc. to settle allegations that its recently-acquired subsidiary, MedNet, Inc., violated the Anti-Kickback Statue and False Claims Act by improperly inducing health care providers to use the com

Health Care Counsel Blog
Supreme Court Unlikely to Adopt Automatic-Dismissal Rule for Violations of False Claims Act’s Seal Requirement
November 8, 2016
Randall A. Brater, Thomas E. Jeffry, Jr., D. Jacques Smith, Michael F. Dearington

On November 1, 2016, the Supreme Court heard argument in a False Claims Act case in which the defendant sought dismissal of a qui tam action after the whistleblower violated the FCA’s seal requirement and publicly disclosed the complaint.

Health Care Counsel Blog
OIG Means It When It Says It: Kindred Healthcare, Inc. Pays Record Penalty for Violating CIA
September 26, 2016
Douglas A. Grimm, Thomas E. Jeffry, Jr.

Kindred Healthcare, Inc., the country’s largest provider of post-acute care, recently paid over $3 million for violating its Corporate Integrity Agreement, the largest issued for a violation of a CIA to date.

Health Care Counsel Blog
Is the Discount Safe Harbor No Longer ‘Safe?’
September 20, 2016
Douglas A. Grimm, Stephanie Trunk

In a ruling that could, if adopted by other courts, expose all pharmaceutical discount and rebate arrangements to anti-kickback liability, on August 23, 2016, Judge Rya Zobel in the United States District Court for the District of Massachusetts denied Omnicare, Inc.’s motion for summary judgment.

Health Care Counsel Blog
Needing to Adjust: DOJ and HHS Announce Steep Increases to FCA, Stark Law, Anti-Kickback Statute, and EMTALA Penalties
September 13, 2016
Randall A. Brater, David S. Greenberg, D. Jacques Smith

Life science companies, health care providers, and government contractors will be at risk for significantly larger penalties due to substantial increases to False Claims Act (FCA) penalties and civil monetary penalties (CMPs).

Health Care Counsel Blog
Provider Alert: Changes to the Stark Law are Likely on the Way
July 6, 2016
Jon S. Bouker, Douglas A. Grimm, Thomas E. Jeffry, Jr.

In a surprising and promising development, the Senate Finance Committee released a Majority Staff Report on June 30, 2016 that gives the health care industry some hope that Congress may finally address some of the serious concerns with the implementation and enforcement of the Stark law.

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