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
Client Alert | 14 min read | 12.22.25
European Commission Proposes Biotech Act to Boost Health Biotechnology in the EU
On December 16, 2025, the European Commission published its proposal for a regulation establishing a European Biotech Act to strengthen the EU's biotechnology and biomanufacturing sectors with a primary focus on health.
Client Alert | 11 min read | 12.22.25
European Commission Proposes Simplifying the Rules on EU Medical and In-Vitro Diagnostic Devices
Client Alert | 3 min read | 12.22.25
Second Circuit Expands District Court Review of Magistrate Judge Report and Recommendations
Client Alert | 2 min read | 12.19.25
