Defendant’s Reasonable Interpretation of Ambiguous Regulation Negates FCA Liability
Client Alert | 1 min read | 12.01.15
The D.C. Circuit overturned a jury verdict against MWI Corp., represented by C&M, in a long-running civil FCA suit in which the government asserted claims for approximately $225 million in trebled damages (plus additional civil penalties), alleging that false claims and statements were submitted to the Export-Import Bank in connection with eight loans to Nigeria for the purchase of MWI's water pumps. The court held that there was no evidence that the government "had officially warned MWI away from its otherwise facially reasonable interpretation of [an] undefined and ambiguous [regulatory] term" and ruled that, in such a situation, the FCA's knowledge/scienter element cannot be established.
Insights
Client Alert | 15 min read | 08.20.25
In this eighth alert in our weekly series on the EU Pharma Package, we continue our overview of initiatives with respect to security of supply and shortage prevention and mitigation. Our last alert looked at how the Pharma Package seeks to address these issues. However, the Pharma Package does not exist in isolation, and in this alert we will discuss the interplay between its measures and those contained in other important EU initiatives such as the proposed Critical Medicines Act (CMA), and the Medicinal Countermeasures Strategy and the EU Stockpiling Strategy.
Client Alert | 2 min read | 08.19.25
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania
Client Alert | 1 min read | 08.19.25
