William Harrington

June 30, 2021 | New York Law Journal

As Annie Railton, William Harrington and Ashley Drake explain in this edition of their Federal Civil Enforcement column, private equity firms and their counsel should be prepared for heightened FCA scrutiny stemming from their investments in health care companies, and bolster their processes accordingly.

By Annie Railton, William Harrington and Ashley Drake

8 minute read

April 01, 2021 | New York Law Journal

There have been many criminal prosecutions of COVID-related fraud—the DOJ recently announced that the Fraud Section has criminally charged at least 120 defendants to date in fraud cases involving the PPP—but those often alleged egregious misconduct. Two new end-of-year settlements go beyond such incidents of egregious wrongdoing, however, and shed greater light on how the government might pursue civil enforcement for companies whose behavior was grey, sloppy, or pushed boundaries, which William Harrington, Annie Railton and Melissa Brumer discuss in this Federal Civil Enforcement column.

By William Harrington, Annie Railton and Melissa Brumer

8 minute read

June 29, 2020 | New York Law Journal

Law professors warn their students that bad facts make bad law. Historically, courts have been skeptical that the government can hold a nursing home liable for fraud based on a theory that its services were so subpar as to be effectively worthless.

By William Harrington, Anne Railton and Tucker DeVoe

8 minute read

April 09, 2020 | New York Law Journal

As many companies potentially rush into the government contracting space to fill gaps in medical equipment and services, and even experienced contractors find themselves navigating unchartered (and evolving) waters concerning the provision of medical care, heightened risks under the FCA may follow. William Harrington, Annie Railton and Courtney Orazio discuss some of those risks in this edition of their Federal Civil Enforcement column.

By William Harrington, Annie Railton and Courtney Orazio

8 minute read

September 27, 2018 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Lauren Bowman discuss two rulings which demonstrate that a boilerplate CID recitation that it is being issued to investigate potential violations of law, without specific details about the nature of that investigation, may present a basis to challenge the enforcement of that CID.

By Richard Strassberg, William Harrington and Lauren Bowman

9 minute read

June 28, 2018 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg, William Harrington and Annie E. Railton write: In 2010, Congress amended the anti-kickback statute (AKS) to confirm that claims “resulting from” illegal kickbacks are false and thus actionable under the federal False Claims Act (FCA).

By Richard Strassberg, William Harrington and Annie E. Railton

1 minute read

February 22, 2018 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: The DOJ's mixed messages on False Claims Act enforcement, reflect tension in the government ranks over proper deterrence and over-deterrence. This creates defense opportunities for companies and their lawyers caught in civil investigations.

By Richard Strassberg and William Harrington

10 minute read

June 30, 2017 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write: The eClinicalWorks settlement and OIG report will likely prompt a significant increase in enforcement activity related to electronic health records incentive payments. The authors review these developments, their ramifications, and steps EHR companies and health care providers can take to protect themselves from liability related to EHR incentive payments below.

By Richard Strassberg and William Harrington

20 minute read

February 23, 2017 | New York Law Journal

In their Federal Civil Enforcement column, Richard Strassberg and William Harrington write that False Claims Act enforcement has increased dramatically under every president since Ronald Reagan. Practitioners have nevertheless wondered whether we can expect a similarly robust FCA agenda from President Donald Trump. The recent confirmation of Sen. Jefferson Beauregard Sessions III as attorney general and nomination of Rod J. Rosenstein, the U.S. Attorney for the District of Maryland, for deputy AG may suggest a comparably aggressive approach to FCA enforcement.

By Richard Strassberg and William Harrington

19 minute read

November 10, 2016 | New York Law Journal

Federal Civil Enforcement columnists Richard Strassberg and William Harrington write that court decisions in the last six months provide several new grounds for defendants to challenge the viability of False Claims Act suits. These include a potential strengthening of the FCA materiality requirement, the need for particularity in describing why a claim was objectively false, and greater scrutiny of statistical sampling evidence.

By Richard Strassberg and William Harrington

20 minute read