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Supreme Court to Tackle Implied Certification FCA Liability

Client Alert | 1 min read | 12.08.15

The Supreme Court has granted review in Universal Health Servs. v. U.S. ex rel. Escobar to decide whether (1) the implied certification theory of legal falsity under the False Claims Act is ever viable; and (2) whether, if it is, a contractor's reimbursement claim can be legally false under that theory if the provider failed to comply with a statute, regulation, or contractual provision that does not state that it is a condition of payment. As described in a recent article by C&M attorneys (available here), eight of the thirteen circuits have accepted the implied certification theory in some form, with only the Seventh Circuit rejecting the theory outright, but the approving circuits have articulated varying tests for its application.


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Client Alert | 9 min read | 03.18.26

The Belgian Competition Authority's 2026 Priorities: What In-House Counsel Need to Know

The BCA 2026 Priorities Paper sets out the sectors in which the authority will exercise particular vigilance, and outlines its strategic policy priorities for the year, including the development and deployment of its enforcement instruments. For in-house counsel, the document is an important roadmap: it signals where investigations are most likely to originate, what new tools the BCA is acquiring, and which compliance initiatives deserve immediate attention. The most prominent change in the 2026 paper is the replacement of the construction sector, considered a priority sector in 2025, with sport, media and entertainment....