Fourth Circuit Weighs in on Public Disclosure Bar and Retroactivity
Client Alert | 1 min read | 12.13.13
The Fourth Circuit in U.S. ex rel. Radcliffe v. Purdue Pharma.(Dec. 12, 2013) became the first court of appeals to address whether the FCA's public disclosure bar is still jurisdictional after its 2010 amendment by the Affordable Care Act (a topic about which Crowell & Moring attorneys wrote articles in March and September) and held that it is not, reasoning that the word jurisdiction was excised from the statute and that the government was newly empowered to veto application of the bar. This decision came in the context of a broader analysis in which the court clarified that the date of the allegedly fraudulent conduct, not the date that the complaint was filed, governs potential retroactive effect.
Insights
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When Trade Secret Theft Becomes Racketeering: What the Fifth Circuit’s New Ruling Means
RICO was built for the mob. But Congress gave trade secret victims access to it in 2016, and a recent U.S. Court of Appeals for the Fifth Circuit decision shows that access is real.
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Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
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Twin Executive Orders Seek to Spur Quantum Leap in Technology and Cybersecurity
