Seventh Circuit Applies Offsets to FCA Damages Before Trebling
Client Alert | 1 min read | 03.22.13
In U.S. v. Anchor Mortgage Corp. (7th Cir. Mar. 21, 2013), Chief Judge Easterbrook held that, in calculating the damages to be trebled under the FCA, courts must use a "contract measure of loss" approach that would take into account any offsets for value or payments received by the government prior to trebling. The court read the Supreme Court's decision in U.S. v. Bornstein to require third-party payments to be subtracted after multiplying the damages only when such payments are not part of a "contract measure of loss" calculation, a limitation that could significantly reduce FCA damages in many contexts.
Insights
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
On April 10, 2024, the U.S. House of Representatives, Judiciary Committee Subcommittee on Intellectual Property convened Part III to an ongoing discussion and exploration of artificial intelligence (AI) and intellectual property (IP) rights. The session, “Artificial Intelligence and Intellectual Property: Part III - IP Protection for AI-Assisted Inventions and Creative Works,” delved into the nuanced debate over what IP protections should exist for AI-generated or AI-assisted works.
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions
Client Alert | 1 min read | 04.15.24
New FAR Part 40 to Address Supply Chain and Information Security Requirements
Client Alert | 1 min read | 04.11.24
U.S. Chamber Submits Comments on the FAR Council’s Proposed Rule Regarding Pay Transparency
