Acting Together: State Attorneys General and the Rise of Multi-State Litigation. Thurbert Baker. Andrea Geddes. McKenna Long & Aldridge LLP

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Acting Together: State Attorneys General and the Rise of Multi-State Litigation. Thurbert Baker. Andrea Geddes. McKenna Long & Aldridge LLP"

Transcription

1 Acting Together: State Attorneys General and the Rise of Multi-State Litigation Thurbert Baker Andrea Geddes McKenna Long & Aldridge LLP 303 Peachtree Street, NE, Suite 5300 Atlanta, GA (402)

2 Former Attorney General Thurbert Baker is a partner in the Atlanta office of McKenna Long & Aldridge LLP. His practice focuses on corporate compliance and investigations, public policy and regulatory affairs, multi-state litigation, public sector procurements, and regulatory matters. He served as Attorney General for the State of Georgia for 13 years ( ), and as President of the National Association of Attorneys General (NAAG) from

3 Acting Together: State Attorneys General and the Rise of Multi-State Litigation Table of Contents I. Introduction...65 II. Background...65 III. The Types of Multi-State Litigation Past and Present...65 IV. The Cooperation Methods Used by State Attorneys General...66 V. Looking Forward The Future of Multi-State Actions...66 VI. Conclusion and Implications for the Judiciary...67 Acting Together: State Attorneys General and the Rise of Multi-State... Baker and Geddes 63

4

5 Acting Together: State Attorneys General and the Rise of Multi-State Litigation I. Introduction Increasingly, State Attorneys General are acting together in bringing multi-state cases on a variety of issues. From the tobacco litigation that began two decades ago, to the more recent mortgage foreclosure litigation, state Attorneys General have collaborated across party lines to bring multi-state actions to protect competition and consumers. There has been a marked departure from the approach of the past in which states acted alone, particularly in this era of government austerity. Several of the reasons for this rising trend of class actions and aggregate litigation by state Attorneys General are discussed below and indeed create new and interesting challenges for the judiciary. II. Background The role of the state Attorney General is essentially that of being the lawyer for the state. An Attorney General is also tasked with enforcing laws to protect the interests of all citizens within the state. In general, a state Attorney General s office is organized into sections or divisions that focus on particular areas, such as criminal law, health care, antitrust, privacy, and consumer protection. Over the years, consumer protection has become the leading focus of state Attorneys Generals; some of the reasons for that focus are addressed below. Historically, state Attorneys General reviewed complaints received by their offices (from citizens and/or interest groups) and determined whether to launch investigations, which periodically resulted in the filing of lawsuits. It was rare that an Attorney General would confer with his or her counterpart from another state or from another political party for that matter before taking action. Times have clearly changed, as state Attorneys General collaborate more closely than ever from the inception of an investigation and the filing of a lawsuit through to the settlement of a matter. Since the tobacco litigation of the 1990s, state Attorneys General have acted in concert across a broad range of issues and industries. III. The Types of Multi-State Litigation Past and Present The multi-state approach that has become increasingly commonplace with state Attorneys General began in earnest in the 1990s with litigation against tobacco companies. Joint action by Attorneys General resulted in a nationwide settlement that included forty-six states still the largest civil settlement in U.S. history. Since then, state Attorneys General have worked together to pursue claims in a range of industries from pharmaceuticals to telecommunications and technology companies. Most recently, state Attorneys General have begun to collaborate in claims against financial services providers. The tobacco litigation was the first example of a multi-state approach against an industry. Over the past twenty-five years, state Attorneys General have worked together in several noteworthy cases. Shortly after the 1998 tobacco settlement was reached, twenty states joined forces to prosecute Microsoft for antitrust violations related to the company s bundling of Explorer with Windows. The group of state Attorneys General along with the U.S. Department of Justice accused Microsoft of engaging in an anticompetitive scheme that harmed consumers in their states. A settlement was reached in 2002, after several years of litigation and a decision on appeal that reversed a verdict for the Attorneys General. Acting Together: State Attorneys General and the Rise of Multi-State... Baker and Geddes 65

6 Within a few years of the Microsoft settlement, the state Attorneys General united again in claims against the manufacturer of the pharmaceutical, OxyContin. That case resulted in a 2007 settlement in which twenty-six states recovered a total of $19.5 million. More recently, seven state Attorneys General joined the U.S. Department of Justice in the antitrust action over the proposed AT&T and T-Mobile merger. Late last year and not long after the lawsuit was filed the companies withdrew their merger application with the Federal Communications Commission. Any doubt that remained as to whether state Attorneys General were willing to take joint action against a particular industry swiftly evaporated in the fall of 2010 when the formation of a 50-state Mortgage Foreclosure Multistate Group was announced. The multistate group, led by a committee of state Attorneys General and state banking regulators, investigated procedural failings in the foreclosure process of the nation s five largest mortgage servicers. After ten months of negotiations led by a bipartisan group of Attorneys General a settlement was reached pursuant to which the mortgage servicers would pay approximately $25 billion in monetary sanctions and relief. In addition, the settlement requires comprehensive reform of mortgage loan servicing and compliance oversight by an independent monitor who will report to the state Attorneys General and to the court (the final agreement will be filed in the U.S. District Court in Washington, D.C. and will have the authority of a court order). The forty-nine state mortgage foreclosure settlement (Oklahoma reached its own agreement) is a recent example of the extensive cooperation among the state Attorneys General. IV. The Cooperation Methods Used by State Attorneys General A multi-state action is the result of close collaboration among state Attorneys General who are parties to the lawsuit. Typically, the offices of the participating Attorneys General will form working groups with staff from each of their offices. They also ordinarily designate a lead state. Such a group will convene regularly by conference call to share information and to discuss strategy. In this era of state budget deficits and cutbacks, it is certainly not surprising that the offices of state Attorneys General are working together including across party lines to assemble resources and to share the costs of bringing an action. Collaboration is also facilitated by the organizations and associations through which state Attorneys General communicate and exchange information. Specifically, the National Association of Attorneys General (NAAG) pursues an active bipartisan mandate of facilitating interaction among Attorneys General and fostering an environment of cooperative and collective leadership. NAAG facilitates interstate cooperation on legal and law enforcement issues, conducts policy research and analysis of issues, conducts training, and fosters communication between the states chief legal officers. There are several recent examples of NAAG intervening in litigation that implicates issues of interest to state Attorneys General, collectively. A recent example is the amicus curiae brief submitted by NAAG in the AT&T Mobility v. Concepcion case. V. Looking Forward The Future of Multi-State Actions Over the past twenty-five years, there has been increasing cooperation among state Attorneys General. We should expect that trend to continue, especially as states are limited by budgetary constraints. Given the outcomes in recent multi-state litigation, including settlement payments to states in the multi-billions, it is very likely that states will collaborate even more in confronting emerging issues. State Attorneys General are also expected to play an important role within the Consumer Financial Protection Bureau (CFPB) in targeting industries such as payday and lawsuit lending. 66 NFJE Eighth Annual Judicial Symposium July 2012

7 That said, state Attorneys General will continue to act independently on issues of particular significance within their states. There are also instances in which a collective approach is unfeasible often for political reasons. For example, efforts by state Attorneys General to come together on environmental issues have generally failed in recent years. VI. Conclusion and Implications for the Judiciary Evidently, the rise of multi-state litigation by state Attorneys General presents new and interesting challenges for the judiciary beyond simply larger and more complex cases, settlements, and verdicts. For instance, with the enactment of the Class Action Fairness Act (CAFA) in 2005, many defendants have sought to remove cases from state to federal courts by arguing that CAFA should apply to their cases. In the past few years, courts across the country have considered whether CAFA removals are appropriate in actions by state Attorneys General; they have ruled that such cases should not be removed. State court judges are also likely to see an increased number of cases filed by state Attorneys General as a result of CAFA. Among other things, the legislation requires parties to notify the state Attorneys General when a case is settled. Such requirements equip the Attorneys General with the opportunity to get involved, including by launching their own subsequent consumer protection or other investigations. False Claims Act cases provide another area in which state Attorneys General are taking on increasingly active roles. Many state Attorneys General are joining the U.S. Department of Justice in pursuing such claims, most recently against the pharmaceutical industry. Indeed, several states have adopted false claims statutes of their own many of which mirror the federal statute to protect publicly funded programs from fraud. Consequently, state courts can expect to see an increasing number of cases in which qui tam litigants pursue state government contractors. Finally, the rise of joint action by state Attorneys General is also likely to mean that state courts will be called upon more frequently to adjudicate disputes involving other states with a diversity of interests. Acting Together: State Attorneys General and the Rise of Multi-State... Baker and Geddes 67

8

MAYWOOD, IL JANUARY 30, 2007

MAYWOOD, IL JANUARY 30, 2007 TESTIMONY OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS BEFORE THE COOK COUNTY BOARD OF COMMISSIONERS AGAINST BUDGET CUTS FOR THE OFFICE OF PUBLIC DEFENDER MAYWOOD, IL JANUARY 30, 2007 Martin

More information

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005 POLICY/PROCEDURE NO.: B-17 Effective date: Jan. 1, 2007 Date(s) of review/revision: Nov. 1, 2015 Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

More information

April 24, 2008 FOR IMMEDIATE RELEASE

April 24, 2008 FOR IMMEDIATE RELEASE April 24, 2008 FOR IMMEDIATE RELEASE The United States Government and a Georgia Whistleblower Reach a Historic False Claims Act and Stark Settlement Against Memorial Health University Medical Center, the

More information

A summary of administrative remedies found in the Program Fraud Civil Remedies Act

A summary of administrative remedies found in the Program Fraud Civil Remedies Act BLACK HILLS SPECIAL SERVICES COOPERATIVE'S POLICY TO PROVIDE EDUCATION CONCERNING FALSE CLAIMS LIABILITY, ANTI-RETALIATION PROTECTIONS FOR REPORTING WRONGDOING AND DETECTING AND PREVENTING FRAUD, WASTE

More information

Addressing Government Investigations. Marcos Daniel Jimenez Partner

Addressing Government Investigations. Marcos Daniel Jimenez Partner Addressing Government Investigations Marcos Daniel Jimenez Partner November 14, 2014 Agenda Statistics Key Players Fraud and Abuse Laws Potential Consequences Mitigation Strategies 2 Key Health Care Fraud

More information

STATE ATTORNEYS GENERAL Responding Successfully to Multi-State Regulatory Compliance Matters and Investigations

STATE ATTORNEYS GENERAL Responding Successfully to Multi-State Regulatory Compliance Matters and Investigations STATE ATTORNEYS GENERAL Responding Successfully to Multi-State Regulatory Compliance Matters and Investigations Honorable Martha Coakley Attorney General, Office of the Attorney General, Boston, MA Honorable

More information

Medicaid Fraud False Claims Act Sunset Review

Medicaid Fraud False Claims Act Sunset Review Preliminary Report: Medicaid Fraud False Claims Act Sunset Review Legislative Auditor s Conclusion: The Legislature should reauthorize the Medicaid Fraud False Claims Act because it allows the state to

More information

UPDATED. OIG Guidelines for Evaluating State False Claims Acts

UPDATED. OIG Guidelines for Evaluating State False Claims Acts UPDATED OIG Guidelines for Evaluating State False Claims Acts Note: These guidelines are effective March 15, 2013, and replace the guidelines effective on August 21, 2006, found at 71 FR 48552. UPDATED

More information

South Carolina s Statutory Whistleblower Protections. A Review for SC Qui Tam Attorneys, SC Whistleblower Lawyers & SC Fraud Law Firms

South Carolina s Statutory Whistleblower Protections. A Review for SC Qui Tam Attorneys, SC Whistleblower Lawyers & SC Fraud Law Firms South Carolina s Statutory Whistleblower Protections A Review for SC Qui Tam Attorneys, SC Whistleblower Lawyers & SC Fraud Law Firms South Carolina whistleblowers who are employed by a South Carolina

More information

Deficit Reduction Act Employee Information Requirements

Deficit Reduction Act Employee Information Requirements November 9, 2006 Deficit Reduction Act Employee Information Requirements The Deficit Reduction Act ( DRA ) requires states participating in the Medicaid program to amend their State Plans to mandate that

More information

Table of Contents 2016-17 Biennial Budget Attorney General

Table of Contents 2016-17 Biennial Budget Attorney General Table of Contents 2016-17 Biennial Budget Attorney General Agency Profile Attorney General... 1 Administrative Law Section... 2 State Services Section... 3 Public Services Section... 4 Regulatory Law Section...

More information

Joint Federal-State Mortgage Servicing Settlement EXECUTIVE SUMMARY

Joint Federal-State Mortgage Servicing Settlement EXECUTIVE SUMMARY Joint Federal-State Mortgage Servicing Settlement EXECUTIVE SUMMARY The settlement between the state attorneys general and the five leading bank mortgage servicers will result in approximately $25 billion

More information

ADMINISTRATION POLICY MEMORANDUM

ADMINISTRATION POLICY MEMORANDUM ADMINISTRATION POLICY MEMORANDUM POLICY TITLE: FRAUD AND ABUSE POLICY NUMBER: JCAHO FUNCTION AREA: POLICY APPLICABLE TO: POLICY EFFECTIVE DATE: POLICY REVIEWED: MCH-1083 Leadership All Employees January

More information

UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION

UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION ) In the Matter of ) AGREEMENT CONTAINING ) CONSENT ORDER EQUIFAX INFORMATION SERVICES LLC, ) a limited liability company. ) FILE NO. 102 3252 ) The Federal

More information

Prevention of Fraud, Waste and Abuse

Prevention of Fraud, Waste and Abuse Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...

More information

Government settlements, including those under the False Claims

Government settlements, including those under the False Claims The IRS Pre-Filing Agreement Program and Deducting Government Settlements David S. Lowman, Jr. and Timothy L. Jacobs The authors review the complex tax issues presented by government settlements under

More information

Criminal Defense and Investigations

Criminal Defense and Investigations Fraud Enforcement and Recovery Act of 2009 SUMMARY On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act of 2009 ( FERA ), a statute intended to strengthen the federal

More information

And you can receive a substantial reward for doing so.

And you can receive a substantial reward for doing so. Who is a whistleblower under the False Claims Act? Anyone who sees a Government contractor cheating the United States and wants to do something about it can blow the whistle. If you d like to put a stop

More information

FILING QUI TAM ACTIONS AND FALSE CLAIMS LITIGATION

FILING QUI TAM ACTIONS AND FALSE CLAIMS LITIGATION FILING QUI TAM ACTIONS AND FALSE CLAIMS LITIGATION REPRINTED FROM: CORPORATE DISPUTES MAGAZINE JUL-SEP 2015 ISSUE corporate CDdisputes Visit the website to request a free copy of the full e-magazine Published

More information

MISSISSIPPI LEGISLATURE REGULAR SESSION 2016

MISSISSIPPI LEGISLATURE REGULAR SESSION 2016 MISSISSIPPI LEGISLATURE REGULAR SESSION 2016 By: Representative Baker To: Judiciary A HOUSE BILL NO. 738 1 AN ACT TO AMEND SECTIONS 7-5-1 AND 7-5-8, MISSISSIPPI CODE OF 2 1972, TO REQUIRE APPROVAL OF THE

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Newport Subacute Healthcare Center

Newport Subacute Healthcare Center Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Newport Subacute Healthcare Center Document #: Original Issue: 02/01/2006 Revision Date:

More information

55144-1-5 Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure

55144-1-5 Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure Pharmacy Fraud, Waste and Abuse Policy 1.0 Compliance Assurance This Fraud Waste and Abuse Policy ( Policy ) reiterates the commitment of this pharmacy to comply with the standards of conduct established

More information

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS DISTRICT OF COLUMBIA OFFICIAL CODE DIVISION I. GOVERNMENT OF DISTRICT. TITLE 2. GOVERNMENT ADMINISTRATION. CHAPTER 3B. OTHER PROCUREMENT MATTERS. SUBCHAPTER

More information

ADDRESSING POLICE MISCONDUCT

ADDRESSING POLICE MISCONDUCT U.S. Department of Justice Civil Rights Division ADDRESSING POLICE MISCONDUCT LAWS ENFORCED BY THE UNITED STATES DEPARTMENT OF JUSTICE The vast majority of the law enforcement officers in this country

More information

Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors

Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel.

More information

TESTIMONY OLIVER IRELAND

TESTIMONY OLIVER IRELAND TESTIMONY OF OLIVER IRELAND BEFORE THE SUBCOMMITTEE ON FINANCIAL INSTITUTIONS AND CONSUMER CREDIT OF THE UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON FINANCIAL SERVICES EXAMINING LEGISLATIVE PROPOSALS

More information

State Regulatory Workshop: Legal and Regulatory Compliance Challenges and Opportunities for Credit Counseling Agencies

State Regulatory Workshop: Legal and Regulatory Compliance Challenges and Opportunities for Credit Counseling Agencies State Regulatory Workshop: Legal and Regulatory Compliance Challenges and Opportunities for Credit Counseling Agencies Association of Independent Consumer Credit Counseling Agencies (AICCCA) 17 th Annual

More information

METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS

METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS METHODIST HEALTH SYSTEM ADMINISTRATIVE Formulated: 6/19/07 Reviewed: Revised: Effective: 10/30/07 TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS PURPOSE: Methodist

More information

This policy applies to UNTHSC employees, volunteers, contractors and agents.

This policy applies to UNTHSC employees, volunteers, contractors and agents. Policies of the University of North Texas Health Science Center 3.102 Detecting and Responding to Fraud, Waste and Abuse Chapter 3 Compliance Policy Statement UNTHSC developed and implemented a Compliance

More information

OVERVIEW OF FALSE CLAIMS ACT

OVERVIEW OF FALSE CLAIMS ACT OVERVIEW OF FALSE CLAIMS ACT Robert C. Bundy, Esq. 1034 W. 4 th Avenue, Suite 600 Anchorage, AK 99501 907.257.7853 OVERVIEW OF FALSE CLAIMS ACT A. Background. The False Claims Act (FCA), 31 U.S.C. 3729-3733

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

State False Claims Acts

State False Claims Acts State False Claims Acts How States Can Recover Stolen Money Jim Moorman, TAF Roderick Chen, OIG-HHS The Scope of the Fraud No one knows for sure how much fraud infects Medicaid and Medicare. The U.S. Government

More information

POLICY AND STANDARDS. False Claims Laws and Whistleblower Protections

POLICY AND STANDARDS. False Claims Laws and Whistleblower Protections POLICY AND STANDARDS Corporate Policy Applicability: Magellan BH (M) NIA (N) ICORE (I) Magellan Medicaid Administration (A) Corporate Policy: Policy Number: Policy Name: Date of Inception: January 1, 2007

More information

The Whistleblower Stampede And The. New FCA Litigation Paradigm. Richard L. Shackelford. King & Spalding LLP

The Whistleblower Stampede And The. New FCA Litigation Paradigm. Richard L. Shackelford. King & Spalding LLP The Whistleblower Stampede And The New FCA Litigation Paradigm Richard L. Shackelford King & Spalding LLP Actions under the qui tam provisions of the False Claims Act ( FCA ), 31 U.S.C. 3730(b)-(h), are

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify

More information

Table of Contents 2014-15 Governors Budget - Attorney General. Agency Profile. - Attorney General... 1

Table of Contents 2014-15 Governors Budget - Attorney General. Agency Profile. - Attorney General... 1 Table of Contents 2014-15 Governors Budget - Attorney General Agency Profile. - Attorney General... 1 Current, Base and Governor's Recommended Expenditures... 3 Sources and Uses... 4 All Funds FTE by Activity...

More information

So You Think the False Claims Act Does Not Apply to You??

So You Think the False Claims Act Does Not Apply to You?? So You Think the False Claims Act Does Not Apply to You?? By: Marilyn Robertson Husch Blackwell LLP Topics for Discussion I. Introduction II. Elements of a False Claim III. Ways in Which a False Claim

More information

Westlake Convalescent Hospital

Westlake Convalescent Hospital Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Westlake Convalescent Hospital Document #: Original Issue: 02/01/2006 Revision Date:

More information

Broward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance.

Broward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. Broward County False Claims Ordinance Sec. 1-276. - Short title; purpose. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. (b) The purpose of the Broward County

More information

HB 2845. Introduced by Representative Patterson AN ACT

HB 2845. Introduced by Representative Patterson AN ACT REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA

More information

The Federal Court System

The Federal Court System The Federal Court System Equal Justice for All Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government. In a civil

More information

Consumer Financial Services. Industry-leading counsel in regulatory compliance, product development, and litigation. Attorney Advertising

Consumer Financial Services. Industry-leading counsel in regulatory compliance, product development, and litigation. Attorney Advertising Consumer Financial Services Industry-leading counsel in regulatory compliance, product development, and litigation Attorney Advertising Recognized for national excellence by Chambers. Vast regulatory experience.

More information

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9 Page 1 of 9 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,

More information

Descriptions of Internships Available in the SEC s Divisions and Offices

Descriptions of Internships Available in the SEC s Divisions and Offices Descriptions of Internships Available in the SEC s Divisions and Offices The SEC hires interns across the country into a variety of jobs. Below are descriptions of the different divisions and offices that

More information

False Claims Act and Qui Tam Lawsuits: Whistleblower Claims

False Claims Act and Qui Tam Lawsuits: Whistleblower Claims False Claims Act and Qui Tam Lawsuits: Whistleblower Claims FRAUD IS YOUR COMPANY TOO BIG TOO FALL? ENRON? enron the smartest guys in the room - Trailer.webm 2 False Claims Act Basics To state a claim,

More information

White Collar Criminal Defense, Internal Investigations & Corporate Compliance

White Collar Criminal Defense, Internal Investigations & Corporate Compliance Butzel Long :: Practice :: Practice Teams :: White Collar Criminal Defense, Internal Investigations & Corporate Compliance Team Contacts David F. DuMouchel Related Lawyers George B. Donnini Damien DuMouchel

More information

A Bill Regular Session, 2015 SENATE BILL 830

A Bill Regular Session, 2015 SENATE BILL 830 Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders

More information

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013 SENATE BILL 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Joseph Cervantes 1 ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AN ACT RELATING TO CIVIL ACTIONS; CLARIFYING

More information

DEVELOPMENTS IN QUI TAM WHISTLEBLOWER SUITS. September 15, 2011. Daniel M. McClure Fulbright & Jaworski L.L.P. Houston, Texas dmcclure@fulbright.

DEVELOPMENTS IN QUI TAM WHISTLEBLOWER SUITS. September 15, 2011. Daniel M. McClure Fulbright & Jaworski L.L.P. Houston, Texas dmcclure@fulbright. DEVELOPMENTS IN QUI TAM WHISTLEBLOWER SUITS September 15, 2011 Daniel M. McClure Fulbright & Jaworski L.L.P. Houston, Texas dmcclure@fulbright.com 77185431 1 QUI TAM Qui Tam Pro Domino Rege Quam Pro Se

More information

U.S. Department of Justice

U.S. Department of Justice U.S. Department of Justice Office of the Deputy Attorney General The Deputy Attorney General Uf:Jshington, D.C. 20530 September 9, 2015 MEMORANDUM FOR THE ASSISTANT ATTORNEY GENERAL, ANTITRUST DIVISION

More information

what your business needs to do about the new HIPAA rules

what your business needs to do about the new HIPAA rules what your business needs to do about the new HIPAA rules Whether you are an employer that provides health insurance for your employees, a business in the growing health care industry, or a hospital or

More information

policy (C) Deficit Reduction Act of 2005 and the Federal False Claims Act

policy (C) Deficit Reduction Act of 2005 and the Federal False Claims Act Name of Policy: Detecting and Preventing Fraud, Waste and Abuse Policy Number: 3364-15-02 Issuing Office: President Responsible Agent: Compliance/Privacy Officer Revision date: July 5, 2011 Original effective

More information

Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Case: 5:10-cv-01912-DAP Doc #: 21 Filed: 03/14/11 1 of 8. PageID #: 358 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNIQUE PRODUCT SOLUTIONS, LTD., ) Case No. 5:10-CV-1912 )

More information

Lawrence D. Finder. Practice description. Practice focus

Lawrence D. Finder. Practice description. Practice focus Practice description Larry Finder has extensive experience in government investigations, corporate compliance counseling, federal grand jury, trial practice, internal investigations and business crimes.

More information

MEDIA CONTACTS: Tarah L. Mendez (TLM@Pietragallo.com, Tel: 412-263-2000)

MEDIA CONTACTS: Tarah L. Mendez (TLM@Pietragallo.com, Tel: 412-263-2000) THE UNITED STATES DEPARTMENT OF JUSTICE AND THE UNITED STATES ATTORNEY FOR THE DISTRICT OF SOUTH CAROLINA SETTLE WHISTLEBLOWER LAWSUITS AGAINST HDL AND SINGULEX FOR NEARLY $50 MILLION AND INTERVENE IN

More information

Compliance. TODAY August 2015. An Outlaw in Compliance. an interview with John Outlaw. See page 16

Compliance. TODAY August 2015. An Outlaw in Compliance. an interview with John Outlaw. See page 16 Compliance TODAY August 2015 a publication of the health care compliance association www.hcca-info.org An Outlaw in Compliance an interview with John Outlaw Compliance Officer Hospital Affiliated Physicians

More information

H.R. 1283 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE. Asbestos Compensation Act of 2000. July 13, 2000

H.R. 1283 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE. Asbestos Compensation Act of 2000. July 13, 2000 CONGRESSIONAL BUDGET OFFICE COST ESTIMATE July 13, 2000 H.R. 1283 Asbestos Compensation Act of 2000 As ordered reported by the House Committee on the Judiciary on March 16, 2000 SUMMARY H.R. 1283 would

More information

Office of the Arizona Attorney General. Civil Rights Consumer Protection and Advocacy

Office of the Arizona Attorney General. Civil Rights Consumer Protection and Advocacy Office of the Arizona Attorney General Civil Rights Consumer Protection and Advocacy Civil Rights and Fair Housing Enforcement Consumer Fraud Enforcement and the Housing Industry AGO Complaint Process

More information

Cyber Crime and Digital Forensics in Japan

Cyber Crime and Digital Forensics in Japan Cyber Crime and Digital Forensics in Japan Tetsutaro UEHARA Academic Center for Computing and Media Studies, Kyoto University uehara@media.kyoto-u.ac.jp Table of Contents Introduction: Motivation and Background

More information

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1-1 SENATE SPONSORSHIP Lambert, Lundberg (None), HOUSE SPONSORSHIP Senate Committees

More information

Client Alert. When Is Qui Tam False Claims Act Litigation Based Upon Prior Public Disclosure and Who Qualifies as Original Source of Information?

Client Alert. When Is Qui Tam False Claims Act Litigation Based Upon Prior Public Disclosure and Who Qualifies as Original Source of Information? Contact Attorneys Regarding This Matter: Aaron M. Danzig 404.873.8504 direct aaron.danzig@agg.com W. Jerad Rissler 404.873.8780 direct jerad.rissler@agg.com Client Alert When Is Qui Tam False Claims Act

More information

Mortgage Banking. Solutions in Compliance, Transactions, and Defense. Attorney Advertising

Mortgage Banking. Solutions in Compliance, Transactions, and Defense. Attorney Advertising Mortgage Banking Solutions in Compliance, Transactions, and Defense Attorney Advertising The mortgage banking industry is changing rapidly. We offer broad regulatory experience, formidable skill in litigation,

More information

Coffee Regional Medical Center FALSE CLAIMS EDUCATION

Coffee Regional Medical Center FALSE CLAIMS EDUCATION Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey

More information

Regulatory Practice Letter January 2013 RPL 13-01

Regulatory Practice Letter January 2013 RPL 13-01 Regulatory Practice Letter January 2013 RPL 13-01 Fair Lending CFPB Annual Report and Supervisory Highlights Executive Summary In December 2012, the Bureau of Consumer Financial Protection ( CFPB or Bureau

More information

APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK

APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK APPENDIX: OVERVIEW OF PUBLIC INTEREST WORK Public interest work is done in a wide variety of practice settings. Lawyers also use different advocacy approaches. Finally, different organizations focus on

More information

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 When Do False Claims Laws Apply? The federal False Claims Act (FCA) applies to any requests for payment from

More information

SETTLEMENT AGREEMENT AND CONSENT ORDER OCWEN FINANCIAL CORPORATION AND OCWEN LOAN SERVICING, LLC

SETTLEMENT AGREEMENT AND CONSENT ORDER OCWEN FINANCIAL CORPORATION AND OCWEN LOAN SERVICING, LLC SETTLEMENT AGREEMENT AND CONSENT ORDER OCWEN FINANCIAL CORPORATION AND OCWEN LOAN SERVICING, LLC WHEREAS, Ocwen Financial Corporation is a publicly traded Florida corporation headquartered in Atlanta,

More information

CHAPTER 2. COLORADO COURT SYSTEM Updated by Honorable Julie E. Anderson

CHAPTER 2. COLORADO COURT SYSTEM Updated by Honorable Julie E. Anderson CHAPTER 2 COLORADO COURT SYSTEM Updated by Honorable Julie E. Anderson THE LEGAL SYSTEM IN COLORADO The Colorado Constitution defines the structure and gives the power to the three units that comprise

More information

The Insurance Policy Enforcement Journal

The Insurance Policy Enforcement Journal This article was originally published in Enforce (Volume 11, Issue 1) The Insurance Policy Enforcement Journal Beyond Health Insurance: What Your Company Should be Doing Today to Protect Against New Risks

More information

Privacy Impact Assessment of the CHAT Suite of Analysis Tools

Privacy Impact Assessment of the CHAT Suite of Analysis Tools Program or application name. Privacy Impact Assessment of the CHAT Suite of Analysis Tools Community Reinvestment Act (CRA) /Home Mortgage Disclosure Act Analysis (HMDA) Tool (CHAT) Suite of Analysis Tools

More information

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT . NEW YORK FALSE CLAIMS ACT New York State Finance Law Chapter 56. Of the Consolidated Laws Article XIII. New York False Claims Act 187. Short title This article shall be known and may be cited as the

More information

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual Fraud and Abuse Prevention DRA Compliance Policy #: 1521 Original Issue: December, 2007 Page 1 of 6 Policy It is the policy of Hackensack

More information

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT NEW YORK FALSE CLAIMS ACT STATE FINANCE LAW, ART. XIII (2013) 187. SHORT TITLE This article shall be known and may be cited as the "New York false claims act". 188. DEFINITIONS As used in this article,

More information

CHAPTER 16 THE FEDERAL COURTS CHAPTER OUTLINE

CHAPTER 16 THE FEDERAL COURTS CHAPTER OUTLINE CHAPTER 16 THE FEDERAL COURTS CHAPTER OUTLINE I. Politics in Action: Appealing to the Supreme Court (pp. 509 510) A. The Supreme Court has considerable power. B. The Supreme Court makes only the tiniest

More information

Federal False Claims Act

Federal False Claims Act Page 1 of 5 False Claims Recovery Policy HMSA must provide information about the following subjects to all HMSA employees and HMSA contractors and agents, who, on behalf of The HMSA Plan for QUEST Members,

More information

Whistleblower Activity Heating Up All Over

Whistleblower Activity Heating Up All Over Whistleblower Activity Heating Up All Over By Brian E. Casey Barnes & Thornburg Commercial Litigation Update, December 2014 Fiscal year 2014 has been a banner year for whistleblowers. Recent developments

More information

False Claims Laws and Whistleblower Protections. Date Compliance Officer

False Claims Laws and Whistleblower Protections. Date Compliance Officer Policy and Standards Line of Business Applicability: Behavioral Health (B) NIA (N) ICORE (I) MMA (A) Physical Health (P) Product Applicability: Commercial Medicaid Medicare Magellan Pharmacy Solutions

More information

The Constitution and the Federal Judiciary

The Constitution and the Federal Judiciary The Constitution and the Federal Judiciary Article III of the United States Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The

More information

DOL Whistleblower Rule Will Have Far-Reaching Effects

DOL Whistleblower Rule Will Have Far-Reaching Effects Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com DOL Whistleblower Rule Will Have Far-Reaching Effects

More information

Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12

Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12 Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12 Responsible to: President & CEO Date: December 2005 PURPOSE It is the policy of Shepherd

More information

STATEMENT STUART F. DELERY ASSISTANT ATTORNEY GENERAL CIVIL DIVISION

STATEMENT STUART F. DELERY ASSISTANT ATTORNEY GENERAL CIVIL DIVISION STATEMENT OF STUART F. DELERY ASSISTANT ATTORNEY GENERAL CIVIL DIVISION BEFORE THE SUBCOMMITTEE ON REGULATORY REFORM, COMMERCIAL AND ANTITRUST LAW COMMITTEE ON JUDICIARY U.S. HOUSE OF REPRESENTATIVES FOR

More information

BILL ANALYSIS. C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE

BILL ANALYSIS. C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE BILL ANALYSIS C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.S.B. 1309 gives the State of Texas civil remedies to be invoked by the attorney general

More information

Whistleblower Claims: Are You Covered?

Whistleblower Claims: Are You Covered? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New

More information

SECURITIES LITIGATION & REGULATION

SECURITIES LITIGATION & REGULATION Westlaw Journal Formerly Andrews Litigation Reporter SECURITIES LITIGATION & REGULATION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 16, ISSUE 7 / AUGUST 10, 2010 Expert

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ELOUISE PEPION COBELL, et al., No. 1:96CV01285 Plaintiffs, (Judge Lamberth v. GALE A. NORTON, Secretary of the Interior, et al., Defendants.

More information

Frequently Asked Questions about the Ocwen Settlement

Frequently Asked Questions about the Ocwen Settlement Frequently Asked Questions about the Ocwen Settlement Contents Q: What is a mortgage servicer and how do I know if Ocwen services my loan?... 2 Q: How will I know whether this settlement affects me?...

More information

A Whistleblowers Journey

A Whistleblowers Journey A Whistleblowers Journey John W Schilling EthicSolutions LLC Health Care Fraud Medicare spending in FY 2008 exceeded $450 billion According to Taxpayers Against Fraud (TAF), the U.S. Government estimates

More information

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 *

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this

More information

EDUCATION ABOUT FALSE CLAIMS RECOVERY

EDUCATION ABOUT FALSE CLAIMS RECOVERY Type: MGI Corporate Policy Number: M 700 Effective Date: June 2014 Supersedes: AP 201, 4/12 Revised: 6/14 EDUCATION ABOUT FALSE CLAIMS RECOVERY I. PURPOSE This policy is intended to ensure compliance with

More information

The Federal False Claims Act: An Opportunity for Justice. By C. Dean Furman 2006

The Federal False Claims Act: An Opportunity for Justice. By C. Dean Furman 2006 The Federal False Claims Act: An Opportunity for Justice By C. Dean Furman 2006 Using a rarely invoked federal statute, the False Claims Act, attorneys can help our clients be private attorney generals,

More information

False Claims Act Investigations + Defense Practice

False Claims Act Investigations + Defense Practice False Claims Act Investigations + Defense Practice 2014 Morrison & Foerster LLP All Rights Reserved mofo.com WHAT IS IT First passed by President Lincoln during the Civil War to penalize military suppliers

More information

Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection

Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection (7 U.S.C. 26) i 26. Commodity whistleblower incentives and protection (a) Definitions. In this section: (1) Covered

More information

FEDERAL ELECTION COMMISSION. 11 CFR Parts 8 and 111. [Notice 2010 - XX]

FEDERAL ELECTION COMMISSION. 11 CFR Parts 8 and 111. [Notice 2010 - XX] -01-P 1 FEDERAL ELECTION COMMISSION CFR Parts and 1 [Notice - XX] Collection of Administrative Debts; Collection of Debts Arising from Enforcement and Administration of Campaign Finance Laws 1 1 1 1 AGENCY:

More information

Avoiding Medicaid Fraud. Odyssey House of Utah Questions? Contact your Program Director or Emily Capito, Director of Operations

Avoiding Medicaid Fraud. Odyssey House of Utah Questions? Contact your Program Director or Emily Capito, Director of Operations Avoiding Medicaid Fraud Odyssey House of Utah Questions? Contact your Program Director or Emily Capito, Director of Operations MEDICAID FRAUD OVERVIEW Medicaid Fraud The Medicaid Program provides medical

More information

OFFICE OF THE ATTORNEY GENERAL

OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL The Attorney General is the state s legal officer, responsible for protecting the interests of the state and its residents. The office provides services covering a broad

More information

OCWEN MORTGAGE SETTLEMENT FAQs 12/20/13

OCWEN MORTGAGE SETTLEMENT FAQs 12/20/13 OCWEN MORTGAGE SETTLEMENT FAQs 12/20/13 Q: What is a mortgage servicer and how do I know if Ocwen services my loan? A: The company that you make your monthly payment to is your mortgage servicer. A mortgage

More information

Dodd-Frank for Foreign Financial Institutions and Publicly Traded Companies in the U.S.: An Update

Dodd-Frank for Foreign Financial Institutions and Publicly Traded Companies in the U.S.: An Update Dodd-Frank for Foreign Financial Institutions and Publicly The Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank ), which was signed into law by President Obama on July 21, 2010, launched

More information

CHAPTER 234 HOUSE BILL 2131 AN ACT AMENDING SECTIONS 12-348, 41-1007 AND 42-2064, ARIZONA REVISED STATUTES; RELATING TO TAX ADJUDICATIONS.

CHAPTER 234 HOUSE BILL 2131 AN ACT AMENDING SECTIONS 12-348, 41-1007 AND 42-2064, ARIZONA REVISED STATUTES; RELATING TO TAX ADJUDICATIONS. Senate Engrossed House Bill State of Arizona House of Representatives Fifty-second Legislature First Regular Session 0 CHAPTER HOUSE BILL AN ACT AMENDING SECTIONS -, -00 AND -0, ARIZONA REVISED STATUTES;

More information

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted)

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) BILL ANALYSIS Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.S.B. 1309 gives the State of Texas civil

More information