Reverse False Claim Requires "Established" Obligation to Pay
Client Alert | less than 1 min read | 12.15.16
On December 13, 2016, the Fifth Circuit, reversing the district court, held in U.S. ex rel. Simoneaux v. E.I. DuPont De Nemours & Co that the 2009 amendments to the FCA did not abrogate its prior precedent holding that reverse false claims liability did not extend to potential or contingent obligations to pay unassessed government fines or penalties. Agreeing with both the defendant and, notably, the United States, the court concluded that, while the 2009 amendments clarified that the amount of the obligation need not be “fixed,” the duty to pay had to be “established” before liability could attach.
Insights
Client Alert | 5 min read | 05.13.25
Californian Autonomous Vehicles Get a Revised Regulatory Load if New DMV Law Passes
On April 25, 2025, the California DMV released a notice of proposed regulations focused on changes to the testing and deployment of light-duty and heavy-duty commercial autonomous vehicles. California previously released draft regulations and asked for public comment, the last round ending August 30, 2024.
Client Alert | 5 min read | 05.13.25
DOJ Reprioritizes Corporate Enforcement with Key Policy Revisions
Client Alert | 3 min read | 05.13.25
DOL Issues Revised Independent Contractor Misclassification Guidance
Client Alert | 3 min read | 05.13.25
