Fifth Circuit Breaks New Ground on Vicarious Liability Under the Anti-Kickback Act
Client Alert | 1 min read | 07.25.13
In U.S. ex rel. Vavra v. Kellogg Brown & Root, Inc. (July 19, 2013), the Fifth Circuit addressed, as a matter of first impression, whether the double damages provision of the Anti-Kickback Act (AKA) can be applied to a corporate entity under a vicarious liability theory or whether doing so would render the single damages provision that applies to corporate entities whose "employees" violate the AKA superfluous. The Fifth Circuit held that the AKA does allow for vicarious liability when an employee is acting either within her scope of employment or under "apparent authority," as defined by the common law of agency.
Insights
Client Alert | 4 min read | 02.05.26
EU–Brazil Mutual Adequacy: A Milestone for Global Data Flows and Latin America’s Digital Positioning
On January 27, the EU and Brazil announced their positive determination on the mutual adequacy of Brazil’s and the EU’s data privacy frameworks — confirming the growing importance of transatlantic data transfers and the EU-Mercosur relationship. This adequacy decision, while not formally tied to the EU-Mercosur trade negotiations, is a historic development that can facilitate cross-border data transfers and fuel shared economic growth driven by data-centered service sectors.
Client Alert | 4 min read | 02.04.26
DOJ Antitrust Division Issues First-Ever Award Under Whistleblower Rewards Program
Client Alert | 4 min read | 02.04.26
New York District Court Confirms Insurance Coverage Must Mean Something
Client Alert | 13 min read | 02.04.26
