Qui Tam is a federal statute that permits private individuals a monetary remedy for successfully bringing suits alleging frauds committed upon the federal government. Without qui tam actions, many reports of wrongdoing against the government would otherwise go unnoticed. The economic incentives provided by qui tam actions promote private enforcement of federal legislation. What does...

The public disclosure bar generally precludes qui tam relators from bringing actions based upon publicly disclosed information unless the relator is an original source of the information. Before the passage in 2010 of the Patient Protection and Affordable Care Act (“Affordable Care Act”), the False Claims Act (“FCA”) specifically prohibited private suits “based upon the...

Trump Administration Invites Health Care Industry to Help Rewrite Ban on Kickbacks WASHINGTON — The Trump administration has labored zealously to cut federal regulations, but its latest move has still astonished some experts on health care: It has asked for recommendations to relax rules that prohibit kickbacks and other payments intended to influence care for...

  Signed into law on March 23, 2010, the Patient Protection and Affordable Care Act (the “Affordable Care Act”) narrowed the bar against bringing suits based on public disclosure by restricting the public disclosure bar to only information publicly disclosed at the Federal level – not at the State or Local level. The Affordable Care...

  Since the revitalization of the False Claims Act (“FCA”) by the 1986 Amendments, the U.S. Government has aggressively pursued civil, criminal, and administrative actions against those who swindle money from the Federal treasury. Since there is no shortage of corrupt contractors, the Government and regulators have been busy. The Department of Justice reported, in...

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The Law Offices of David Berg tries big cases. Over the years, David Berg, as both plaintiff and defense counsel, has represented Westinghouse, CBS, Samsung, Robert Bass’ Acadia Partners, L.P., Deutsche Bank, Credit Suisse, and other major companies. These cases range from a dispute over nuclear steam generators to a billion dollar patent infringement case to complex securities class actions.

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