State Higher Ed Entities Face Arm-of-the-State Test
Client Alert | less than 1 min read | 06.25.12
In US ex rel. Oberg v. Ky. Higher Educ., the Fourth Circuit considered whether corporate entities created by several states to provide higher education financing (and accused of making false claims to DOE) are "persons" subject to FCA liability. The court stated that "the critical inquiry is whether [the entities] are truly subject to sufficient state control to render them a part of the state, and not a 'person,'" and instructed that Eleventh Amendment "arm-of-the-state" analysis applies to determine if they are subject to liability.
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Client Alert | 6 min read | 11.19.25
The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct.
Client Alert | 4 min read | 11.18.25
DOJ Announces Major Enforcement Actions Targeting North Korean Remote IT Worker Schemes
Client Alert | 6 min read | 11.18.25
Client Alert | 2 min read | 11.14.25
