In previous posts, this Blog has written about certain parts of the recently proposed Financial CHOICE Act 2.0; namely, the provision that: (a) bars “co-conspirators” from recovering whistleblower awards under the …
In Universal Health Services, Inc. v. United States ex rel. Escobar, the U.S. Supreme Court unanimously confirmed that the false certification theory “can be a basis for liability” under “some circumstances.” …
Specificity. When alleging fraud or mistake, Rule 9(b) of the Federal Rules of Civil Procedure, like its New York counterpart CPLR 3016(b), requires the plaintiff to “state with particularity the …
This Blog has previously written about the benefits of forming a limited liability corporation (“LLC”) and the perils of ignoring the corporate formalities that are attendant thereto. (Here.) In today’s …
Since his retirement, former Mets and Phillies outfielder, Lenny Dykstra (“Dykstra”), has been involved in many civil and criminal proceedings. Recently, for example, Dykstra was sued by Noah Scheinmann (“Scheinmann”), …
Attorneys are often asked whether an oral agreement is enforceable. Most will say that the answer depends on the law and the facts surrounding the agreement. As an initial matter, …
On May 10, 2017, the Securities and Exchange Commission (“SEC”) announced the settlement of an enforcement action against Barclays Capital, Inc. (“Barclays”), the London-based bank, to refund advisory fees and/or …
The Justice Department has joined a whistleblower lawsuit against United Healthcare Group, Inc. (“UHG” or “United”) in connection with payments made to the company for its Medicare Advantage Plan. (Here.) …
Since 1919, a plaintiff alleging fraud is entitled to recover only the actual pecuniary loss sustained as a result of the misrepresentation or omission, i.e., the plaintiff’s out-of-pocket damages. Reno …
On April 26, 2017, the House Financial Services Committee (the “Committee”) held a hearing, entitled “A Legislative Proposal to Create Hope and Opportunity for Investors, Consumers, and Entrepreneurs.” (Here.) The …
