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False Claim Need Not Be "Presented" By Defendant

Client Alert | 1 min read | 12.20.05

In the latest in a series of cases interpreting the False Claims Act's "presentment" element, the court in U.S. v. Sequel Contractors, Inc., 2005 WL 3307026 (C.D. Cal., Nov. 14, 2005), held that a contractor submitting a false claim for payment to its county-government customer, which then submitted a request for partial reimbursement to the federal government, could be liable under the FCA, because the statute only requires that someone (in this case the county-government customer), and not necessarily the defendant itself, "present" the false claim to the federal government, as long as the defendant "causes" the ultimate presentation. The court also held that, although actionable false claims must be made "knowingly," the knowledge in question is knowledge of the claim's falsity, not knowledge that the ultimate recipient of the claim would be the federal government.

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Client Alert | 7 min read | 11.02.26

DOL Finalizes PBM Fee Disclosure Requirements

On October 29, 2026, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued a 350-page final rule requiring providers of pharmacy benefit management services and their affiliated brokers and consultants to disclose fees and compensation received to fiduciaries of covered large, self-insured ERISA group health plans. According to DOL’s accompanying fact sheet, the disclosures will give employers more visibility into the payments PBMs may receive from various sources and help fiduciaries evaluate and monitor arrangements over time. ...