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Scholarship

April 14, 2024

Kathy has long been fascinated by teaching.  A state finalist in debate and competitive speaking at the high school level, Kathy considered becoming a speech and debate coach.  But the law had a stronger pull, and a job as a litigator at a top law firm provided plenty of opportunities for rhetorical advocacy. Yet Kathy…

11th Circuit: Difference in Opinion Not Enough for FCA Liability

September 16, 2019

The 11th Circuit’s long-awaited AseraCare opinion requires more than mere disagreement regarding clinical judgment to prove falsity under the False Claims Act.

Fourth Circuit Declines to Address Use of Statistical Sampling in False Claims Act Cases

February 24, 2017

Court of Appeals panel rules use of statistical sampling is inappropriate for interlocutory appeal, leaving FCA litigants without any direct appellate court guidance.

SCOTUS Upholds Implied Certification for Some Cases But Imposes “Rigorous Materiality Requirement” for FCA Liability

June 21, 2016

The decision in Universal Health upholds implied certification but strengthens False Claims Act defendants’ ability to mount a materiality defense.

Lessons From Omnicare Settlement In ‘Swapping’ Cases

July 28, 2014

On June 25, the U.S. Department of Justice announced that it had settled with Omnicare Inc. in two matters alleging that kickbacks resulted from below-cost discounts offered to skilled nursing homes as an inducement to select Omnicare as their pharmacy provider. The cases, captioned United States ex rel. Gale v. Omnicare, and United States ex…

Latest Developments in Healthcare Fraud: Companies Facing Increased Scrutiny

July 23, 2014

In May 2014 the American Bar Association held its 24th Annual National Institute on Health Care Fraud, focusing on the latest developments in the area of healthcare fraud. Latham & Watkins partner Katherine Lauer served on the planning committee for the conference and led a workshop on healthcare fraud cases for defense and in-house counsel.

Omnicare Settles Two Qui Tam Cases Alleging “Swapping” Kickbacks to Nursing Homes

July 14, 2014

The pharmacy provider agrees to pay US$124 million to resolve allegations of below-cost discounts.