Gejaa Gobena

2 months ago | jdsupra.com | Hunter Davis |Gejaa Gobena |Emily Lyons

On February 18, 2025, the First Circuit joined a growing list of circuit courts to hold that “but-for causation” is the correct causation standard in most False Claims Act (FCA) cases premised on alleged violations of the Anti-Kickback Statute (AKS). In so holding, the Court rejected the U.S. Department of Justice’s (DOJ) argument that a more lenient, vague “causal connection” standard should apply.

Oct 2, 2024 | lexology.com | Michael Theis |Katie Wellington |Jessica Ellsworth |Katy Forsstrom |Danielle Stempel |Susan Cook | +2 more

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the 40-year-old Chevron deference doctrine. Under Chevron U.S.A. Inc. v. National Resources Defense Council, courts were required to defer to an agency’s reasonable interpretation of an ambiguous statute administered by the agency in certain circumstances.

Jun 8, 2023 | healthcarebusinesstoday.com | Gejaa Gobena

Financial relationships between pharma companies, health care professionals/health care organizations and public officials – particularly overseas – present significant enterprise risks. Companies face severe potential sanctions for alleged improper relationships with health care professionals and/or public officials. Sanctions include liability under criminal statutes, like the U.S. Foreign Corrupt Practices Act (FCPA) or criminal health care fraud statute.

Apr 20, 2023 | jdsupra.com | Jonathan Diesenhaus |Virginia Gibson |Gejaa Gobena

The consolidated matter of Schutte v. SuperValu1 was appealed from the Seventh Circuit, after two split panels held that if a defendant is faced with an ambiguous statute or regulation, it does not act with reckless disregard if (1) its conduct was consistent with an objectively reasonable interpretation of the provision, and (2) the government had not issued authoritative guidance cautioning against the interpretation.