Reverse False Claim Requires "Established" Obligation to Pay
Client Alert | less than 1 min read | 12.15.16
On December 13, 2016, the Fifth Circuit, reversing the district court, held in U.S. ex rel. Simoneaux v. E.I. DuPont De Nemours & Co that the 2009 amendments to the FCA did not abrogate its prior precedent holding that reverse false claims liability did not extend to potential or contingent obligations to pay unassessed government fines or penalties. Agreeing with both the defendant and, notably, the United States, the court concluded that, while the 2009 amendments clarified that the amount of the obligation need not be “fixed,” the duty to pay had to be “established” before liability could attach.
Insights
Client Alert | 5 min read | 08.12.25
Cloud GDPR risks highlighted by European Commission ruling over Microsoft 365 use
On 11 July 2025, the European Data Protection Supervisor, (“EDPS”), the independent supervisory authority, which oversees the processing of personal data by EU institutions, bodies, offices and agencies, (“EUIs”) confirmed that the European Commission, (“Commission”) has succeeded in bringing its use of Microsoft 365 within the requirements of applicable European data protection rules thanks to additional measures adopted by both the Commission and Microsoft.
Client Alert | 6 min read | 08.12.25
Joint Criminal and Civil Export Controls Enforcement: Lessons from the Cadence Case
Client Alert | 3 min read | 08.08.25
Client Alert | 4 min read | 08.07.25
