Eighth Circuit Applies Escobar's Materiality Standard
Client Alert | 1 min read | 10.24.16
In U.S. ex rel. Miller v. Weston Educ. Inc. (Oct. 19, 2016), the Eighth Circuit became the first appellate court to apply the materiality standard recently articulated by the Supreme Court in Escobar (discussion of Escobar available here), holding that defendant’s promise to keep accurate grade and attendance records was material in inducing the government to enter into an agreement under the Higher Education Act. The court rejected defendant’s argument that no individual false record caused payment by the government, reasoning instead that the false promise to keep accurate records was material based on the express regulatory conditions of participation, their reasonable importance to payment, and evidence that the government had terminated other institutions that falsified similar records.
Contacts
Insights
Client Alert | 3 min read | 10.21.26
Private Investigations Act Series: Temporal, material and territorial scope
The Private Investigations Act (PIA), which entered into force on December 16, 2024, fundamentally modernized the framework for private investigation activities in Belgium. Its implications for businesses conducting internal investigations are far-reaching.
Client Alert | 7 min read | 10.21.26
Client Alert | 4 min read | 10.20.26
California Follows New York’s Lead in Requiring AI “Synthetic Performer” Disclosures in Advertising
Client Alert | 5 min read | 10.20.26


