Newsletters

05.07.20

Best Practices to Navigate CARES Act Provider Relief Funding and Minimize False Claims Act Exposure

On April 10, the U.S. Department of Health and Human Services (HHS) announced the immediate distribution of the first $30 billion of the $100 billion appropriated in the Coronavirus Aid, Relief, and Economic Security (CARES) Act for individuals and entities enrolled in Medicare Part A or Part B ...


04.14.20

Bank Secrecy Act Compliance Issues for Small-Business Lending Under the CARES Act

With many banks and credit unions electing to limit Paycheck Protection Program (PPP) loans to existing customers, many nonbank lenders are scrambling to fill the gap and take part in the $349 billion program prior to the end of the application period on June 30, 2020.


04.09.20

False Claims Act Liability for Lenders Participating in the CARES Act Paycheck Protection Program

Although federal regulators repeatedly have assured banks that they can make Paycheck Protection Program (“PPP”) loans without fear of later reprisals, there remains the potential for liability under the federal False Claims Act.


04.08.20

Need-to-Know Developments in Compliance, Investigations and White Collar Defense

We hope this alert finds you, your families and your colleagues healthy and safe in these challenging times.


04.04.19

FCA Cases: Convincing DOJ to Move to Dismiss

Recent actions by the DOJ suggest that although the DOJ may continue to prosecute certain relators’ FCA cases, other relators may find themselves on the other side of a government motion to dismiss.


12.05.18

Operation Choke Point Litigation Stirs Up Lawmaker Concern—Again

According to a group of payday lenders, the reverberations of Operation Choke Point are still being felt.


12.05.18

DOJ Announces Revised Policies for Awarding Cooperation Credit

On November 29, 2018, Deputy Attorney General Rod Rosenstein announced revisions to U.S. Department of Justice (DOJ) policies that expand prosecutors’ discretion in awarding cooperation credit to companies facing criminal or civil investigations.


10.24.18

Insurance Won’t Cover Disgorgement Payment, NY Appellate Court Rules

Applying a U.S. Supreme Court decision in the context of insurance coverage for a bank, a New York appellate court ruled that the amounts paid to the Securities and Exchange Commission (SEC) as disgorgement under a cease and desist order issued by the SEC were a “penalty” for which ...


08.30.18

Second Circuit Knocks Out FCPA Conspiracy Charge Against Foreign National

Over the years, the Foreign Corrupt Practices Act of 1977 (FCPA) has expanded beyond U.S. issuers and domestic concerns to cover foreign companies and foreign individuals.


08.30.18

Insurers off the Hook for Defense in False Ad Suit

In a blow to an advertiser, a California federal court held that its insurers were not obligated to defend or indemnify the company in a false advertising lawsuit.