U.S. Supreme Court Rejects Indefinite Tolling of False Claims Act under Wartime Suspension of Limitations Act; Holds First-to-File Bar Only Applies to Pending Cases

By Sigal Mandelker & Roger Cohen on May 27, 2015

Yesterday, in Kellogg Brown & Root Services, Inc., et al. v. United States ex rel. Carter, 575 U.S. __ (2015), the Supreme Court settled two important questions under the False Claims Act (the FCA). In a unanimous decision authored by Justice Alito, the Court held: (1) the Wartime Suspension of Limitations Act (WSLA) applies only to criminal actions, and thus the statute of limitations under the FCA is not tolled under the WSLA while the…

Privacy Law Blog

Responding to the Anthem Cyber Attack

By Kristen J. Mathews, Roger Cohen & Ellen Moskowitz on February 10, 2015

Authors: Roger Cohen, Paul Hamburger, Kristen Mathews, Ellen Moskowitz, Richard Zall Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of approximately 80 million individuals, including those insured by related Anthem companies.…

Corporate Defense and Disputes

DOJ Announces Record Year of Over $5 billion in False Claims Act Recoveries

By Sigal Mandelker, Jonathan Siegelaub & Roger Cohen on November 26, 2014

2014 was a banner year for federal recoveries under the False Claims Act (“FCA”). In a press release dated November 20, 2014, the DOJ announced that its total recoveries – including those from both settlements and judgments – amounted to $5.69 billion for the fiscal year ending September 30th. These results mark the first time that annual recoveries have exceeded $5 billion, and they continue a recent trend of aggressive FCA enforcement. The FCA…

Government Contractor Compliance & Regulatory Update

Proskauer Obtains Dismissal of High-Stakes False Claims Act Suit

By Edward S. Kornreich, Sigal Mandelker & Roger Cohen on August 13, 2014

On August 7, 2014, Judge Castel of the Southern District of New York dismissed a False Claims Act (“FCA”) complaint that was based primarily on allegations that the defendant Hospital improperly focused on referral revenue in its physician compensation decisions. The Court insisted that an FCA complaint must set forth specific facts supporting the allegations regarding the impropriety of the payments and at least representative actual claims submitted.…

Government Contractor Compliance & Regulatory Update

Proskauer Obtains Dismissal of High-Stakes False Claims Act Suit

By Edward S. Kornreich, Sigal Mandelker & Roger Cohen on August 13, 2014

Proskauer Whistleblower Defense

Proskauer Obtains Dismissal of High-Stakes False Claims Act Suit

By Edward S. Kornreich, Sigal Mandelker & Roger Cohen on August 13, 2014

Employee Benefits & Executive Compensation Blog

HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations

By Richard Zall, Edward S. Kornreich, Kristen J. Mathews, Ellen Moskowitz, Herschel Goldfield, Ryan Blaney & Roger Cohen on January 29, 2013

“Sweeping changes” is how Leon Rodriquez, of the Department of Health and Human Services Office of Civil Rights (OCR), characterized the effect of the final omnibus Health Insurance Portability and Accountability Act (HIPAA) rule published in the Federal Register on January 25, 2013 at 78 Fed. Reg. 5566 (Omnibus Rule). There can be no disputing that statement. Indeed the 563-page Omnibus Rule makes a long list of significant changes to existing regulations. These include, among…

Roger Cohen

U.S. Supreme Court Rejects Indefinite Tolling of False Claims Act under Wartime Suspension of Limitations Act; Holds First-to-File Bar Only Applies to Pending Cases

Responding to the Anthem Cyber Attack

DOJ Announces Record Year of Over $5 billion in False Claims Act Recoveries

Proskauer Obtains Dismissal of High-Stakes False Claims Act Suit

Proskauer Obtains Dismissal of High-Stakes False Claims Act Suit

Proskauer Obtains Dismissal of High-Stakes False Claims Act Suit

HHS Issues HIPAA/HITECH Omnibus Final Rule Ushering in Significant Changes to Existing Regulations

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