July 05, 2016 | New York Law Journal
Supreme Court Limits Scope of Asset ForfeitureIn their Federal Civil Enforcement column, Richard Strassberg and William Harrington of Goodwin Procter analyze the U.S. Supreme Court's decision in 'Luis v. United States', which shed light on the limits to the, at times, seemingly limitless breadth of the forfeiture laws, but raises a series of questions with which courts will now have to grapple.
By Richard Strassberg and William Harrington
22 minute read
February 26, 2016 | New York Law Journal
Supreme Court to Review Theory of Implied False Claims Act LiabilityIn their Federal Civil Enforcement column, Richard Strassberg and William Harrington write that the False Claims Act has created a powerful incentive to ensure that private parties that enter into contracts with the government deliver the goods or services they promised to provide, but more troubling to some has been the effort to infer that the government contracts include promises to comply with additional requirements, even when no such promises were expressed, and use the FCA to police these broader sets of implied legal obligations.
By Richard Strassberg and William Harrington
11 minute read
November 25, 2015 | New York Law Journal
Turning an Exacting Eye to Physician-Hospital CompensationIn 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
November 24, 2015 | New York Law Journal
Turning an Exacting Eye to Physician-Hospital CompensationIn 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
The False Claims Act and Corporate Integrity AgreementsIn 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
The False Claims Act and Corporate Integrity AgreementsIn 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
Where Rules Collide: the Problem of Confidentiality and WhistleblowersIn 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
Where Rules Collide: the Problem of Confidentiality and WhistleblowersIn 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
Collateral Consequences of Individual LiabilityIn 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
Collateral Consequences of Individual LiabilityIn 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