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Living in a Material World After Escobar

Client Alert | 1 min read | 02.02.17

On January 26, 2017, the Fourth Circuit heard oral argument in United States ex rel. Omar Badr v. Triple Canopy, one of four False Claims Act decisions that the Supreme Court vacated and remanded for further consideration in light of the Court’s June 2016 holding regarding the implied certification theory in Universal Health Servs. v. United States ex rel. Escobar. Since Escobar was decided, three of the four circuits have grappled with the Escobar holding and issued decisions in the remanded cases. In a "Bloomberg Law Insight," C&M attorneys discuss how these early decisions illustrate the flexible nature of the Escobar materiality test and are an early sign of much litigation to come.

Insights

Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....