The Department of Justice and the courts have been active in the False Claims Act area in the last year. The DOJ has provided new guidance on the value of cooperation in False Claims Act investigations and taken action to dismiss several qui tam cases under the so-called Grantson Memo. The courts have continued to interpret the Supreme Court’s landmark decision in Universal Health Services v. United States, ex rel. Escobar, issuing several decisions interpreting the Supreme Court’s conclusion that the “implied false certification” theory can provide a basis for False Claims Act liability and the Court’s “rigorous materiality requirement” for claims based on the theory.
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