The Supreme Court dealt a blow to False Claims Act defendants in a decision that will give greater leverage to both the Department of Justice and private plaintiffs (relators), eliminating a key defense strategy for disposing of cases before discovery begins.
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Since 2015, soon after Michael Binday’s conviction was affirmed on appeal by the Second Circuit, we began what has become an eight-year effort to overturn an overbroad and constitutionally vague construction of the federal fraud statutes that labelled a complaining witness’ desire for information (called its “right to control its property”) as property itself. We […]
Read MoreA successful Section 1030 motion can stop frivolous claims by out-of-state plaintiffs ….
Read MoreJudge Donato’s decision in DZ Reserve is a good reminder – and confirmation – of the relatively rigorous standards that apply to sealing court records.
Read MoreOn January 24, 2020, Senior Associate Matthew Turetzky spoke at the New Mexico Health Law Roundtable in Taos. Addressing lawyers, consultants, and professionals from the government, private practice, and in-house roles, Matthew described the keys to swaying the government’s interest in a False Claims Act case long before the parties begin briefing motions and engaging in costly discovery.
Read MoreQualcomm Inc. “strangled competition” in the wireless device chip market and abused its dominant industry position to extract unfair technology licensing fees from device manufacturers, United States District Court Judge Lucy Koh ruled on Tuesday in an antitrust case brought against Qualcomm by the Federal Trade Commission.
Read MoreI am thrilled to announce our trial victory on behalf of our client, Ronald Turner.
Read MoreOn November 30, 2018, at the invitation of the Supreme Court, the government filed an amicus curiae brief in Gilead Sciences, Inc. v. United States ex rel. Campie. Certain parts of the brief were unsurprising, such as the government’s position that the Ninth Circuit’s decision below was correct. But other parts of the government’s brief were outright shocking.
Read MoreWe are a litigation firm and that means we are hired to win. Sometimes winning is a jury verdict and a splashy headline, and we admit we kind of like that. But a client who has been sued, or whose intellectual property has been stolen, or who just can’t get paid, usually isn’t thinking about trial strategy. They have a problem, and winning means making the problem go away.
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