Michael Koon (US)

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Bipartisan effort to provide greater transparency into federally-negotiated settlement agreements

This week, U.S. Senators Elizabeth Warren (D-MA) and James Lankford (R-OK) reintroduced a bill designed to provide the public with more information about settlement agreements between federal agencies and companies and individuals. The bill, called the Truth in Settlements Act, was first introduced in 2014. In September 2015, it was unanimously passed by the Senate … Continue reading

DOJ recovers $4.7 billion in 2016, third highest in FCA history

The Department of Justice (“DOJ”) announced yesterday that it recovered over $4.7 billion in fiscal year 2016 in civil cases involving claims of fraud against the government under the False Claims Act (“FCA”).  This is the third largest annual recovery in FCA history and one of the largest in recent years, easily surpassing last year’s … Continue reading

FCA civil penalties to increase substantially under proposed rule

Earlier this week, the Railroad Retirement Board (RRB) became the first federal agency to promulgate an interim final rule implementing provisions of the Bipartisan Budget Act of 2015 intended to index civil penalties assessed under certain statutes to inflation. The RRB’s proposed final rule would double civil penalties assessed under the False Claims Act (FCA). … Continue reading

Fourth circuit agrees to review appeal of FCA sampling case

On Tuesday, the Fourth Circuit Court of Appeals agreed to hear an appeal of a False Claims Act (FCA) case that raises the question of whether statistical sampling and data extrapolation can be used to prove liability without other claim-by-claim proof. The case also presents the question of whether the government has absolute, unreviewable veto … Continue reading

Chipotle sued for non-GMO claims

A California woman has filed a class action lawsuit in federal court against Chipotle Mexican Grill, Inc. (“Chipotle”) taking issue with Chipotle’s ads touting its restaurants as serving only ingredients that are free from genetically modified organisms (“GMOs”). Colleen Gallagher alleges that Chipotle’s advertisements violated California’s Consumer Legal Remedies Act, Cal. Civ. Code §§ 1750, … Continue reading

Court endorses sampling to establish liability in whistleblower’s FCA suit

Another federal court has accepted a whistleblower’s proposal to use a statistical approach in False Claims Act (FCA) litigation to extrapolate from a small billing sample to a much larger universe of claims. This is one of several federal courts to accept this alternative method of establishing liability under the FCA, which could pave the … Continue reading

Drugmakers liable for improper copay coupon use

Pharmaceutical manufacturers have primary responsibility for ensuring that Medicare Part D members do not redeem copay coupons that could trigger federal inducement prohibitions, according to a report and Special Advisory Bulletin released on September 19 by the Office of Inspector General at the US Department of Health and Human Services (OIG). The OIG, relying on … Continue reading