Richard Strassberg

November 24, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write that in June 2015, the Department of Health and Human Services issued an "alert" about its concern that hospitals are overcompensating doctors in order to pay illegal kickbacks for patient referrals, and has since brought a number of cases that provide a guide to the key areas of concern for hospitals and physicians.

By Richard Strassberg and William Harrington

11 minute read

August 31, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: Time and time again, False Claims Act health-care cases result in settlements, where the defendant company pays a substantial amount to the government and agrees to be bound by a corporate integrity agreement, all in exchange for the opportunity to announce that it has put the matter behind it. But the finality of these resolutions may be somewhat illusory.

By Richard Strassberg and William Harrington

11 minute read

August 29, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: Time and time again, False Claims Act health-care cases result in settlements, where the defendant company pays a substantial amount to the government and agrees to be bound by a corporate integrity agreement, all in exchange for the opportunity to announce that it has put the matter behind it. But the finality of these resolutions may be somewhat illusory.

By Richard Strassberg and William Harrington

11 minute read

May 22, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington discuss two recent cases which illustrate how practices around confidentiality agreements and data protection are evolving.

By Richard Strassberg and William Harrington

11 minute read

May 21, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington discuss two recent cases which illustrate how practices around confidentiality agreements and data protection are evolving.

By By Richard Strassberg and William Harrington

11 minute read

February 27, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: Where CEOs, CFOs, and other executives frequently find themselves as named defendants in federal civil enforcement actions, requiring admissions of wrongdoing in settlement may have broad-reaching consequences, very much akin to a finding of liability after trial in any civil fraud action.

By Richard Strassberg and William Harrington

10 minute read

February 26, 2015 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: Where CEOs, CFOs, and other executives frequently find themselves as named defendants in federal civil enforcement actions, requiring admissions of wrongdoing in settlement may have broad-reaching consequences, very much akin to a finding of liability after trial in any civil fraud action.

By Richard Strassberg and William Harrington

10 minute read

December 05, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington discuss two lawsuits filed in October that challenge the SEC's use of administrative courts. In both cases the plaintiffs complain at length about the advantages the SEC enjoys in the administrative process and imply that their particular case involves an example of the SEC overreaching. But their legal arguments focus on the extraordinary authority and discretion that SEC administrative law judges enjoy.

By Richard Strassberg and William Harrington

10 minute read

September 19, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Benjamin P. Saul write: In the wake of the Financial Crisis, the federal government has invigorated its civil fraud enforcement. The DOJ has dominated the headlines in this area with a series of significant lawsuits and resolutions involving mortgage lenders. Yet, behind the headlines, a curious, new category of enforcers is emerging to target violations of federal civil consumer financial protection laws: state agencies and attorneys general.

By Richard Strassberg, William Harrington and Benjamin P. Saul

11 minute read

May 30, 2014 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write that civil complaints alleging violations of FIRREA or the False Claims Act, which the DOJ is using more and more, can carry brutal repercussions, so the incentives to remain silent are strong. However, the repercussions of the decision to invoke the Fifth Amendment can be significant.

By Richard Strassberg and William Harrington

10 minute read