White Collar

Expert Analysis

• Gov't Contractors, Be Prepared For FCA Parallel Proceedings

  

  The continued sprawl of False Claims Act cases warrants scrutiny of one of the statute's lesser understood characteristics — one set of facts can lead to concurrent or successive proceedings initiated by a combination of criminal, civil or administrative authorities, as well as private plaintiffs, say attorneys at DLA Piper.

• Justice Department's ACA Reversal Raises FCA Questions

  

  The U.S. Department of Justice's about-face on Affordable Care Act constitutionality may discourage potential whistleblowers from coming forward unless the DOJ clarifies its plans to enforce the False Claims Act, says Cleveland Lawrence III of Mehri & Skalet.

• Rebuttal

  Jury Trials, Though In Decline, Are Well Worth Preserving

  

  In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

• A Broader View Of The US Supreme Court Bar

  

  During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

• Takeaways From DOJ Action Against Telemedicine Fraud

  

  Recently unsealed indictments from the U.S. Department of Justice make clear that telemedicine will continue to be an enforcement focus at a time when telemedicine is expanding, and should remind providers to focus on compliance obligations, say Edgar Bueno and Matthew Wilmot of Morris Manning.

• Opinion

  Jury Trials Are In Decline For Good Reason

  

  A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

• Few Avenues To Protection For Foreign FCPA Whistleblowers

  

  The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

• Series

  Why I Became A Lawyer: A Circuitous Path To The Law

  

  Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

• Getting Compliance Right When There Are No Regulations

  

  Recent enforcement actions and agency guidance illustrate how the federal government sets expectations for corporate compliance internal controls, even when no formal regulations have been issued. But companies must know where to find the relevant information, says Jo Ritcey-Donohue of JRD Law.

• 4 Tips For Global Patient Support Compliance: Part 2

  

  As constructing global frameworks for patient support compliance becomes increasingly important, health care companies should make sure to clearly mandate a proper purpose, protect patient data, and plan for the training and monitoring of third parties, say attorneys at Paul Hastings in the final part of this article.