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Corporate Counsel

'Read the Tea Leaves': How Companies Can Steer Clear of Huge Penalties in Brutal Regulatory Climate

"We're seeing a very aggressive stance in this administration, where penalties that the SEC is assessing now really aren't tied to precedent, and they're much larger than they've been in the past," said Kelly Gibson, a partner at Morgan, Lewis & Bockius.
6 minute read

National Law Journal

Supreme Court Appears Wary of High Bar for Financial Whistleblowers

Who bears the burden of proof for an allegedly retaliatory firing: the employer or the former employee?
6 minute read

National Law Journal

Hunter Biden's Attorney Files Suit Against IRS, Challenges Whistleblower Disclosures

The lawsuit seeks a declaration that the IRS was negligent and violated the Privacy Act by disclosing Biden's tax details as well as $1,000 in damages for every unauthorized disclosure
4 minute read

Law.com

'First-to-File' Rule Dooms Cardinal Health Executive's Qui Tam Action Against 5 Physician Practices

"By having the guts to fight meritless lawsuits, like this one, and win, Health First is able to preserve its resources to put them to their highest use—serving the needs of its members, versus lining the pockets of parasitic whistleblowers and their lawyers. Suffice it to say, Health First believes that Judge Gorton got it exactly right and is grateful for the vindication it earned," said Bob Rhoad, a partner at Nichols Liu, who served as counsel for one of the named defendants, Health First Medical Group.
6 minute read

Law.com

There Are No 'Magic Words': 10th Circuit Sets Standard for Notice Under False Claims Act

"Mr. Barrick's activity does not need to lead to a viable qui tam claim," stated Judge Paul J. Kelly Jr. in his written opinion for the court. "To the extent PMI implies Mr. Barrick needed to say magic words, such as 'FCA violation' or 'fraudulent report to the government to avoid payment,' to put PMI on notice, this is contrary to the text of the FCA which protects 'other efforts' to stop violations."
6 minute read

Law.com

Walgreen's Agrees to $16M Whistleblower Settlement Over Alleged Overcharging of Government Health Programs

"We are pleased that this lawsuit returns millions of dollars to the U.S. taxpayers," Slade said in a statement. "We are also encouraged that the resolution may deter illegal practices by the many pharmacies around the country who continue to ignore their obligations to pass on their usual and customary charges to government payers."
3 minute read

National Law Journal

DOJ Focuses False Claims Enforcement on Health Care Industry, Lawyers Say

The agency's attention shifts from hospitals to telehealth as Congress seeks to aid in false claims enforcement.
4 minute read

National Law Journal

As US Treasury's Rulemaking on International Whistleblowers Looms, Lawyers Are Hungry for Certainty

"It's a transnational anti-corruption law … but where's the rule to protect internationals?" asked Kohn, Kohn & Colapinto founding partner Stephen M. Kohn.
6 minute read

Law.com

Real-Time Litigation: Salesforce Hit With Whistleblower Retaliation Suit as Former VP Accuses It of Lying About 'Genie's' Capabilities

This complaint was first surfaced by Law.com Radar.
4 minute read

Daily Business Review

US Treasury AML Whistleblower Program: An International Game Changer

In late December 2022, President Joe Biden signed into law the AML Whistleblower Improvement Act that substantially ups the ante for both domestic and overseas financial services companies that have AML compliance and reporting obligations, including banks, branches, and agencies of foreign banks, securities broker-dealers, and insurance companies.
6 minute read

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