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President Biden’s Buy American Executive Order Signals Possible Heightened False Claims Act Risk for Government Contractors

USA - February 11 2021 On January 25th, 2021, President Biden signed Executive Order 14005, entitled “Ensuring the Future Is Made in All of America by All of America’s…

Joshua S. Levy, Kirsten Mayer, Michael R. Littenberg, Thomas N. Bulleit.

DOJ Settles Claims with Private Equity Firm over Alleged False Claims Act Violations by Its Portfolio Company

USA - December 11 2020 On November 19, 2020, the U.S. Department of Justice ("DOJ") announced that it had entered into settlement agreements with a Johnson & Johnson…

Jeffrey J. Bushofsky, Laura G. Hoey, Nathan Guevremont, Sandra Hough Masselink.

SBA Proposes Detailed New Questionnaire to Evaluate Post-Hoc the Good Faith of PPP Applicants’ Prior Certifications of Loan “Necessity”

USA - November 11 2020 Recipients of loans from the Paycheck Protection Program ("PPP")—a Small Business Administration ("SBA") loan program established by the…

Alex J. Talley, Stephanie A. Webster, Timothy Farrell.

U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements

USA - May 24 2018 On May 21, 2018, the U.S. Supreme Court held by a 5-4 majority in Epic Systems Corp. v. Lewis that an employer can lawfully require an employee to…

Aaron Gingrande, Daniel E. Fine, Douglas Brayley, Jeffrey F. Webb.

Seventh Circuit Grants Interlocutory Appeal in Rx Discount Program Qui Tam Suit to Answer Several Important Questions

USA - March 29 2017 In United States ex rel. Garbe v. Kmart Co., 824 F.3d 632 (7th Cir. 2016), the Seventh Circuit granted interlocutory appeal following numerous motions…

David Nordsieck, Kirsten Mayer.