Articles and Blogs

Second Circuit

Enforceability of FCA Releases Questioned

[05/30/16]

Posted on May 30, 2016 in False Claims Act Defense

Written by: David B. Honig

Releases of FCA claims my only be effective in very limited circumstances, the Second Circuit Court of Appeals ruled in a decision this week. In US ex rel. Ladas v. Exelis, Inc, et al., the court ruled that a pre-filing release is unenforceable as a matter of public policy – the encouragement of qui... READ MORE

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DOJ Intervenes in Retained Overpayment Suit

[06/30/14]

Posted on June 30, 2014 in False Claims Act Defense

Written by: Drew B. Howk

With the passing of the Affordable Care Act (“ACA”), False Claims Act (“FCA”) observers noted the imminent filing of cases alleging violations of the ACA’s amendments to the FCA or “reverse” false claims. Such claims are per se false claims under the FCA and arise when a government contractor or health care provider becomes aware... READ MORE

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