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 | 3 min read | 04.22.26
Counterfeiting Litigation Targets Online Marketplaces
The landscape of counterfeiting litigation is shifting in ways that place online marketplace operators at the center of disputes from two directions. Brand owners are escalating efforts to hold platforms liable for counterfeit goods sold through their sites, while some marketplace operators have begun joining brand owners as co-plaintiffs to pursue counterfeiters directly. This dual role has significant implications for how platforms manage their legal exposure and their relationships with brand owners.
Client Alert | 10 min read | 04.22.26
The EU Industrial Accelerator Act Proposal’s Significance for the Automotive Industry
Client Alert | 3 min read | 04.21.26
Client Alert | 7 min read | 04.20.26
EU Pharma Package: The “Bolar” Exemption Compromise Proposal
