The Supreme Court will hear arguments this spring on the False Claims Act knowledge standard, in a case described as the “biggest threat” the False Claims Act has faced since it was modernized four decades ago. It’s an issue that could undercut the FCA’s ability to hold bad actors accountable and recover taxpayer money—$72 billion and counting since the statute was revamped in 1986. How the Seventh Circuit’s SuperValu Ruling Created the Loophole The issue arose from the Seventh Circuit’s … [Read more...]
Forced Arbitration Is Back: What California’s Struck-Down Ban Means for Workers
California employers can require workers to sign mandatory arbitration agreements, also known as forced arbitration, as a condition of employment following a U.S. Court of Appeals ruling last month. The Ninth Circuit ruled that California Assembly Bill 51 banning “forced arbitration” clauses is preempted by federal law, the Federal Arbitration Act. The bill attempted to work around the FAA, saying existing arbitration agreements were enforceable but that new employees must be given the choice … [Read more...]
How to Report Securities Fraud: A Whistleblower 101 Guide to the SEC and CFTC Programs
Following the 2008 financial collapse, Congress established incentivized whistleblower programs similar to the qui tam provisions in the False Claims Act, creating powerful new tools for enforcing securities and commodities laws and new ways to report securities fraud. The Dodd-Frank Wall Street Reform and Consumer Protection Act created whistleblower programs at the Securities and Exchange Commission (SEC) and at the Commodities Futures Trading Commission (CFTC) that started in 2011, when … [Read more...]
PPP Fraud Is Still Being Brought to Light as the Federal Covid Emergency Ends
The federal Coronavirus emergency is set to expire this spring, but the process of clawing back improperly gained funds from pandemic relief efforts like the Paycheck Protection Program continues, and PPP fraud is still being brought to light. The first lender accused of PPP fraud under the False Claims Act settled their case last fall. Prosperity Bank, a regional bank with locations in Texas and Oklahoma, agreed to pay $18,673.50 to resolve allegations it improperly processed a $213,400 PPP … [Read more...]
FTC Noncompete Ban Would Join California in Voiding Noncompete Clauses
The Federal Trade Commission in January proposed a new rule that would amount to an FTC noncompete ban, prohibiting employers from imposing noncompete clauses on workers. These clauses, which block workers from taking a job at a competing employer within a period of time or within a geographic location, are already unenforceable in California as well as in two other states, North Dakota and Oklahoma. According to the FTC, one in five American workers—about 30 million people—are still … [Read more...]
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