Strong Mitigating Factors Trump Debarment
Client Alert | less than 1 min read | 07.30.07
In Canales v. Paulson (D.D.C. July 16, 2007, https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv1330-47), the federal district court overturned a Treasury Department debarment from government contracting on the ground that the debarring official did not explain reasons for debarment in the face of strong mitigating factors (spotless record before the offense; five years since the incident; extensive business with the government in the interim; misdemeanor conviction) presented to him at the debarment proceeding.
Insights
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
Is evidence that a company tracked return on investment (ROI) for certain actions and expenses sufficient to prove mens rea and plead a violation of the federal Anti-Kickback Statute (AKS) with the requisite particularity? A recent decision in the U.S. District Court for the Southern District of New York (SDNY) suggests that it is.
Client Alert | 4 min read | 04.15.26
Client Alert | 2 min read | 04.15.26
Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow
Client Alert | 3 min read | 04.14.26
