June 20, 2017
Ryan Spiegel Provides Commentary for Law360 Article on False Claims Act Litigation
Ryan Spiegel provided commentary for an article titled: "Attys Dish On Escobar's FCA Impact One Year Later," which was published on Law360.com on June 20, 2017.
"Notwithstanding concern over heightened exposure for implied certifications, one key issue is how courts address the materiality element. In Escobar, the court noted that an omission must still be material in order to establish an FCA violation, even under the implied certification theory. So defendants can argue that even if they impliedly certified compliance with certain regulations when they did not in fact comply, an FCA claim nevertheless fails when the false certification or omission was not 'material.' The court rejected the 'extraordinarily expansive view' that the materiality element would be satisfied whenever the government could withhold payment due to some minor regulatory infraction, asking instead whether the government would withhold payment despite knowing of the noncompliance. Just recently, the Third Circuit in Petratos relied heavily on this 'heightened materiality standard,' dismissing a claim for lack of evidence that the government consistently refuses to pay in similar cases of noncompliance."
January 2, 2018
Glenn Cooper, Deborah Cohn, and Michelle Chapin were all selected to Washingtonian's "Best Lawyers" list for 2017.Read More
Did you know that leave cash out programs can cause tax issues for employees if they aren’t properly structured?Read More
Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys and relevant to our areas of practice.Read More