June 2, 2023
Insights

For False Claims Act Cases, SCOTUS Says Courts Should Look at What Defendants Subjectively Knew at Time of Offense

The U.S. Supreme Court recently announced its ruling in United States Ex Rel Schutte v. SuperValu Inc., a case that will impact how corporations will defend themselves in False Claims Act (“FCA”) litigation. In a win for the government, the Court held that the knowledge element of the FCA concerns what a defendant knew at the time it submitted a claim, not what someone could have objectively known after-the-fact.

January 24, 2023
Insights

US Supreme Court to Decide Whether the Government Can Prove Knowledge When the Defendant’s Regulatory Interpretation Is “Objectively Reasonable”

The United States Supreme Court granted certiorari in a pair of cases out of the Seventh Circuit that will finally resolve a longstanding circuit split on the question of “scienter” under the False Claims Act (FCA)—namely, whether a defendant can “knowingly” violate the FCA if the relevant legal requirement is ambiguous and the defendant’s conduct is otherwise “objectively reasonable.”

By Jennifer Freel, Laura M. Kidd Cordova, & Bethany Pickett Shah

September 22, 2022
Insights

DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement Conference in Dallas

By Jennifer Freel, Erica Giese, and Bethany R. Pickett

On September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General Kenneth Polite and Deputy Assistant Attorney General Lisa Miller discussed the new policy at the University of Texas School of Law’s Government Enforcement Institute—a two-day conference held in Dallas, Texas. This article covers key areas Department of Justice officials will focus their efforts in the coming months.